Hourly Employment Manual
Chapter 1.0: Introduction
1.1. Applicability of Policies (Rev. Effective 03/02/05)
A. This manual applies to all hourly Dallas Area Rapid Transit employees.
Due to the varied tasks performed by employees in the various departments,
supplements to this manual are provided for Maintenance, Transportation, Materials
Management, Planning and Development (HOV), Paratransit and Customer Service
Departments.
1.2 Manual Revision and Supplements
A. This manual will be reviewed on an ongoing basis. Periodically, new DART policies
will be formulated and new procedures introduced. Such changes shall be effective
immediately upon approval of the President / Executive Director. Nothing contained
in this manual is intended to be, nor should be construed as a guarantee that
employment or any benefit program will be continued for any period of time.
Modifications of personnel policies will be consistent with Section 8.11,
Modification, of this manual.
B. The Dallas Area Rapid Transit is referred to as “DART” and the “Authority” in this
manual.
C. Supplements to this manual will be issued as required relating to specific
organizational units or subject areas.
D. Revision so the manual will be publicized through issuance of notices as covered in
Section 8.11. Final interpretation and application of DART’s policies and procedures
is totally within the Authority’s discretion.
1.3 Executive Director
The President / Executive Director is responsible for implementing policies established
by DART. The President / Executive Director is responsible for the formation and
administration of employment policies and procedures.
The President / Executive Director should receive any requests pertaining to
interpretation and possible exception to existing employment policies. Requests for
exceptions shall be made in writing to the President / Executive Director.
The President / Executive Director shall have primary responsibility for the
administration of these policies and procedures and is charged with the basic
responsibility for their uniform administration. The President / Executive Director may
delegate to staff members the responsibility for administration of policies contained in
this manual.
HEM Chapter 1, Page 1
Rev. Pub. Date 03/02/05
Hourly Employment Manual
Chapter 2.0: Equal Opportunity
2.1. Equal Employment Opportunity (Revised 03/01/2011)
A. Policy
1. DART will select employees strictly in accordance with the requirements of the
job. DART is committed to providing equal employment opportunity and will
not discriminate on the basis of race, color, creed, religion, national origin, sex,
age, disability, genetic information, veteran status, sexual orientation, gender
identity, political opinion/affiliation, or any other characteristic protected by law.
2. This applies to every work relationship, including retirement, selection, promotion,
termination, transfers, layoffs or other reduction in force, compensation/rates of
pay, training (including apprenticeship), benefits, demotions, recall and other
terms and conditions of employment.
3. In this regard, it is the intent and resolve of the Authority to fully comply with all
applicable laws for establishing and implementing anti-discrimination policies.
B. Compliance and Corrective Action
1. It is the responsibility of all employees to act in accordance with the equal
employment opportunity and anti-discrimination policy of the Authority.
2. Appropriate corrective and/or disciplinary action (including reprimand,
suspension, demotion, or discharge) will be taken against any employee who
violates this policy.
C. Performance Evaluation
Managers and Supervisors are responsible for ensuring their employment decisions
comply with federal and state laws, regulations, guidelines, DART personnel policies
and DART’s EEO/Affirmative Action Program. All management officials will be
evaluated on their EEO performance as part of the performance evaluation process.
D. Posting
DART's policy on equal employment opportunity will be posted in prominent
locations. Management officials are responsible for insuring that policy statements
are posted on facility bulletin boards.
HEM Chapter 2, Page 1
Revised: 03/01/2011 Equal Opportunity
Hourly Employment Manual
Chapter 2.0: Equal Opportunity
2.2. Harassment (Revised 03/01/2011)
A. Policy
1. It is against Authority policy for any supervisor or employee, to harass another
employee by creating an intimidating, hostile or offensive working environment
because of his/her race, color, creed, religion, sex, national origin, age, disability,
genetic information, sexual orientation, gender identity, or any other characteristic
protected by law or that of his/her relatives, friends or associates.
2. This prohibited harassment includes engaging in verbal or physical conduct that
denigrates or shows hostility or aversion toward an individual because of his/her
race, color, creed, religion, sex, national origin, age, disability, genetic information,
sexual orientation, gender identity, or any other characteristic protected by law.
3. Sexual harassment includes making unwelcome sexual advances or requests for
sexual favors and/or other verbal or physical conduct of a sexual nature a condition
of an employee’s employment; and making submission to or rejection of such
conduct the basis for employment decisions affecting the employee.
4. Hostile environment sexual harassment includes but is not limited to:
a. Verbal. (Sexual innuendoes, suggestive comments, jokes of a sexual nature,
sexual propositions, threats).
b. Nonverbal. (Sexually suggestive objects or pictures, graphic commentaries,
suggestive or insulting sounds, leering, whistling, obscene gestures).
c. Physical. (Unwanted physical contact, including touching, pinching, etc.).
d. Overt or subtle.
Regardless of form, sexual harassment cannot and will not be tolerated in the
workplace.
B. Compliance and Corrective Action
1. All employees will be expected to comply with this policy against harassment and
take appropriate measures to ensure that such conduct does not occur.
2. Appropriate corrective and/or disciplinary action (including reprimand, suspension,
demotion or discharge) will be taken against any employee who violates this policy
against harassment, including sexual harassment.
HEM Chapter 2, Page 2
Revised: 03/01/2011 Equal Opportunity
Hourly Employment Manual
Chapter 2.0: Equal Opportunity
2.3 Allegations of Policy Violations (Revised 03/01/2011)
1. Complaint Processing
a. Any employee who feels that he/she has been discriminated, harassed or
retaliated against because of his/her race, color, creed, religion, sex, national
origin, age, disability, genetic information, sexual orientation, gender identity,
political opinion/affiliation or any other characteristic protected by law may file
a complaint directly with DART’s Equal Employment Opportunity (EEO)
Officer, or through the EEO hotline at 214/749-3366.
b. Any alleged violation will be processed in a timely and confidential manner by
the EEO Officer or his/her designee.
c. During the initial meeting with the employee, the Director of EEO shall advise
the employee of the time limits for filing a grievance under the DART
grievance and appeal procedure.
d. Any investigation will normally include conferring with the parties involved
and any named or apparent witnesses. All employees are expected to cooperate
fully during the conduct of such investigations.
e. To the extent allowed by law, reasonable efforts will be made to conduct
investigations in the strictest confidence and to protect personal information.
f. All employees shall be protected from coercion, intimidation, retaliation,
interference or discrimination for filing a complaint or assisting in an
investigation.
g. If the investigation reveals that the complaint is valid, prompt action designed
to stop the discrimination, harassment or retaliation immediately and to prevent
its recurrence will be taken.
h. The action(s) taken to resolve the situation will be discussed with the employee.
IMPORTANT NOTICE TO ALL EMPLOYEES: Employees who have experienced conduct
they believe is contrary to this policy have a legal obligation to take advantage of this complaint
procedure. An employee’s failure to fulfill this obligation could affect his or her right to pursue
legal action. Also, please note that federal, state and local discrimination laws establish specific
time frames for initiating a legal proceeding pursuant to those laws.
Early reporting and intervention have proven to be the most effective method of resolving actual
or perceived incidents of harassment. Therefore, while no fixed reporting period has been
established, DART strongly urges the prompt reporting of complaints or concerns so that rapid
HEM Chapter 2, Page 3
Revised: 03/01/2011 Equal Opportunity
Hourly Employment Manual
Chapter 2.0: Equal Opportunity
and constructive action can be taken. DART will make every effort to stop alleged harassment
before it becomes severe or pervasive, but can do so only with the cooperation of its employees.
The availability of this complaint procedure does not preclude individuals who believe they are
being subjected to harassing conduct from filing a charge of discrimination with the United
States Equal Opportunity Commission or the Texas Workforce Commission, or from promptly
advising the offender that his or her behavior is unwelcome and requesting that it be
discontinued.
2.4 Americans With Disabilities Act (ADA) Compliance (Revised 03/01/2011)
A. Discrimination in employment against individuals with disabilities is against the law and
will not be tolerated by DART. It is also DART policy to provide equal accessibility to
services provided by DART and to DART premises.
B. DART is committed to make reasonable accommodations to the known physical or
mental limitation of an otherwise qualified individual with a disability, as defined and
covered by the ACT unless the Authority determines the necessary accommodation would
result in an undue hardship on the operation of the Authority’s business.
C. This section addresses guidelines that are specific to compliance with the requirements of
the Americans With Disabilities Act of 1992, as may be subsequently amended. DART
employees must possess and maintain any licenses required by the State of Texas, the
U.S. Department of Transportation, or other regulatory agencies that are necessary for
them to perform the essential functions of their jobs. If a medical examination or
standard is part of a licensing requirement, that requirement is valid under the ADA.
D. For further information and assistance or reasonable accommodations on ADA, please
contact the Human Resources Department.
HEM Chapter 2, Page 4
Revised: 03/01/2011 Equal Opportunity
Hourly Employment Manual
Chapter 3.0: Employment
Employment
It is the policy of DART to select the best qualified candidate for vacant positions and to
afford employees an opportunity to compete for career growth opportunities within the
Authority.
3.1. Announcement of Vacant Positions
A. All open positions for Assistant Vice President level and below will be posted on bulletin
boards in all DART work locations, and in DART’s electronic bulletins. The “Open
Position Notice” will include the position title, department, summary of responsibilities
and qualifications, salary range, closing date, and interviewing supervisor. Some
positions may be posted as “open continuous” or open for specified extended periods of
time and either may be closed when an adequate applicant supply is obtained. The open
position notice will specify whether applicants will be considered for one specified or a
specified number of vacant positions or whether an applicant supply is being established
for any vacancies which occur in a specified period of time.
B. All regular employees are encouraged to review the requirements for each position and
apply for those positions in which they are interested. Internal applicants will be
considered as outlined in DART’s Self-Nomination Policy. Temporary employees may be
considered along with regular employees provided they have been employed with DART
for at least six months and they obtained their appointment on a competitive basis.
3.2. Eligibility (Effective 4/24/00)
A. DART employees are eligible to apply for a posted position opening if they:
1. meet the required qualifications for the position;
2. have been in their current position for a minimum of six full months;
3. submit an application or self-nomination form to Human Resources prior to the
posted closing date.
B. DART employees who are on corrective action may self-nominate for posted
positions; however, the hiring official will be informed of and may consider such
corrective actions in making a selection.
C. DART employees who have been on disciplinary action at any time during the three-
months period prior to or during the posting of a position are not eligible to self-
nominate for that position.
3.3. Internal Consideration (Rev. Effective 03/02/05)
A. All vacant positions will be posted for a minimum of five working days. Applications
submitted to Human Resources by the end of the posting period will receive exclusive
consideration. Their candidacy will be reviewed and a determination made prior to the
selection of any external candidate. The selecting official’s determination may be to:
1. select one of the internal candidates;
HEM Chapter 3, Page 1
Employment
Revised Published Date 03/02/05
Hourly Employment Manual
Chapter 3.0: Employment
2. decide that none of the internal candidates meets the desired qualifications (although
they may meet the minimum qualifications required in the posting);
3. consider the best qualified internal candidate(s) along with external candidates;
4. consider external candidates;
5. decide to continue the search for the best qualified candidate;
6. restructure the position, which may result in different qualifications requirements;
7. decide to leave the position vacant; or
8. decide to abolish the position.
B. Employees who miss the “internal consideration only” period may be considered along
with the external candidates for the period the position remains open.
C. Human Resources will screen all applicants to ensure they meet the minimum education
and experience requirements of the posted position. Human Resources will present all
candidates who appear to meet the “minimum” qualifications to the interviewing
manager/selecting official responsible for the posted positions. The selecting official may
be used as a “subject matter expert” in assisting with making the final determination on
whether candidates meet the minimum qualifications requirements. Internal candidates
who meet the minimum qualifications requirements will be interviewed by Human
Resources and the interviewing manager, or by an interview panel. Seniority will be used
as the determining factor among qualified internal candidates when all other factors are
equal.
D. Internal and external candidates may be subject to a variety of screening, testing,
interviewing, and selection methodologies. Determinations may be made to include
internal candidates along with external candidates to facilitate such methodologies (e.g.
use of Assessment Centers or panel interviews). Employees who are required to wait a
specified period prior to experiencing a particular methodology again may be considered
for similar vacant positions by applying the results of the previous test, Assessment
Center, etc.
3.4. External Recruiting
External recruiting may be undertaken simultaneously with the internal posting
procedures. However, all qualified internal candidates who apply during the “internal
consideration only” period will be referred to the hiring manager for review and decision
prior to the consideration of any external candidate. Internal candidates who apply after
the “internal consideration only” period will be processed by Human Resources along
with external candidates.
3.5. Exceptions to Posting Requirements
The posting requirement may be waived by the Human Resources department head under
the following circumstances:
HEM Chapter 3, Page 2
Employment
Revised Published Date 03/02/05
Hourly Employment Manual
Chapter 3.0: Employment
A. Reassignment, or demotion of an employee or reclassification of an employee’s position
which is attributable to a reorganization as outlined in DART’s Departmental
Reorganizations Policy, or when such action is in the best interest of the Authority with
the prior approval of the employee’s department head and the Human Resources
department head.
B. Filling the same or a similar position in the same location and department within 60 days
after the closing date of the posting.
C. Positions reevaluated and upgraded through reclassification resulting from gradual
accretion of duties of the employee’s position where no actual vacant or new position
exists and no other employee could have been assigned those duties.
D. Career progression where an employee is promoted based on meeting experience
requirements for the next higher grade (up to the full performance level only) of the same
position which was initially under-filled at an entry or trainee level.
E. Postings may limit the area of consideration (e.g. division, section, or other organizational
unit) when no additional positions are available.
F. Other situations approved by the head of Human Resources and the President / Executive
Director
3.6. Temporary Assignments (Effective 5/1/00)
A. Employees may be assigned additional duties and responsibilities outside of their
official position. Such assignments are discretionary and may be made for the best
interest of DART, for example:
1. To fill in for absences or vacancies in other positions and supervisory
responsibilities.
2. To assist other employees or organizations with workload or projects.
3. To provide training for other employees or organizations.
4. To provide self-development and career development opportunities for
employees.
B. Temporary assignments of 60 days or less may be authorized/directed by the
employee’s supervisor without higher level approval. Each organization may establish
operating guidelines for such assignments that best meet the needs of the operation.
C. Temporary assignments of over 60 consecutive calendar days or more than 120 days
in a twelve-month period must be approved by the respective department head.
D. Temporary assignments of over 60 consecutive calendar days to established higher
graded or supervisory positions must provide for interested qualified employees to be
considered for such assignments within their respective organizational function area.
The methods used to give employees an opportunity to express an interest may vary
and may include a limited area of consideration (e.g., division, section, or other
HEM Chapter 3, Page 3
Employment
Revised Published Date 03/02/05
Hourly Employment Manual
Chapter 3.0: Employment
organizational unit). Postings announcing temporary assignment opportunities are
subject to approval by Human Resources.
E. Temporary assignments of over 60 consecutive calendar days to established higher
graded or supervisory positions may include a temporary promotion pay increase
subject to the approval of the department head and Human Resources. The period of
temporary promotion should be specified (e.g. not to exceed 120 days) in advance.
Extensions beyond one year must be approved by the President / Executive Director.
Employees will return to their permanent position of record and pay following the
termination/expiration of the temporary promotion.
F. Temporary assignments to other positions which are not approved as temporary
promotions, which involve assignments at or below the employee’s current grade
level, or which involve unclassified (no grade classification) duties and
responsibilities will not include additional pay.
3.7. Alternative Duty and Leave (Effective 03/15/12)
A. Purpose
The purpose of this policy is to establish guidelines for the assignment of alternative duty
or modified duty for all eligible DART employees subsequent to a temporary medical
disability, whether due to an on or off the job injury or illness.
B. Scope
This policy applies to all DART full-time regular employees who have 90 days of active
service and are temporarily disabled due to an on or off duty injury or illness. The
program will be administered by the DART Risk Management Division. A temporary
disability, for purposes of this policy, shall begin when an employee is unable to perform
their regular job duties for ten (10) or more consecutive working days.
C. Policy
1. It is the goal of DART, with the cooperation of all departments, to monitor and
reduce lost time by locating and assigning alternative or modified work,
whenever feasible, to employees who are temporarily disabled from performing
their regular job as a result of an on or off duty injury or illness. The objective
of this policy is to return an employee to work as quickly and as safely as
possible. Such assignments will not exceed 120 working days, consecutively or
cumulatively, in a backward rolling twelve-month period.
2. No employee will be discharged or in any other matter be discriminated against
because the employee has in good faith filed a Workers’ Compensation claim or
taken any other actions in accordance with the Texas Workers’ Compensation
Act. This policy shall be administered in accordance with all applicable State
and Federal laws including but not limited to the Americans with Disabilities
Act and the Pregnancy Discrimination Act.
HEM Chapter 3, Page 4
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
3. If this policy is in any way inconsistent with State or Federal law, the provisions
of the specific law will apply.
4. Employees enrolled in the Alternative Duty program and selected for a
temporary assignment must comply with the following guidelines:
a. The work to be performed must be productive and must contribute to
the achievement of the service goals and objectives of DART.
b. The employee must possess the necessary abilities to perform the task
assigned.
c. The work to be performed must be consistent with medically
determined physical restrictions.
d. Submit completed documentation to their manager within 24 hours of
their doctor’s completion of the form.
e. Maintain communication with their supervisor and attend monthly
meetings consistent with agency or departmental procedures.
f. Cooperate with all efforts to return them to productive duty within
reason.
g. Employees may not engage in any activity that is detrimental to their
recovery, as determined by their physician, including but not limited to
starting a new job (including volunteer work) or otherwise starting to
earn wages while losing DART work time due to an injury. Failure to
comply may result in losing Alternative Duty Program benefits and/or
disciplinary action, up to and including discharge.
h. The employee will dress in the appropriate uniform or attire and carry a
valid employee ID badge at all times while performing assigned duties.
5. Under this policy, employees may be assigned several types of work at various
locations and times, necessitated by changing medical restrictions or by
completion of all available work of a particular type. Such assignments are
discretionary and will be made for the best interest of DART and the employee.
Alternative duty assignments are subject to availability and may vary on a daily
basis.
6. If there are no assignments fitting the employee’s restrictions, the employee will
remain in the status associated with the nature of their injury or illness.
7. An employee’s failure to comply with this policy will result in forfeiture of
eligibility for alternative duty assignments.
D. Eligibility
1. Any eligible employee who is unable to perform their regular duty assignment for
ten (10) or more consecutive working days, as a result of an on or off duty injury
HEM Chapter 3, Page 5
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
or illness, must enroll in the Alternative Duty Program. Enrollment forms will be
provided to the employee by their supervisor. Failure to comply with all
provisions of the Alternative Duty Program will be considered a violation of
policy, and will subject the employee to disciplinary action.
2. In order to be eligible for an alternative or modified duty assignment, an employee
must:
a. Be qualified for and currently receiving Workers’ Compensation or Short
Term Disability benefits, or using personal leave in accordance with
DART’s Short Term Disability policy, and
b. Obtain an acceptable release to work with restrictions, and
c. Comply with all program procedures.
3. If the employee has not been released to regular full duty, the modified duty
release must be accompanied by documentation outlining all restrictions and
limitations.
4. The Manager, Lost Time Programs, may approve alternative and modified duty
assignments of up to 120 working days, either consecutive or total, in any
backward rolling twelve-month period.
5. Alternative duty assignments may be modifications to the employee’s regular job
duties or a transitional assignment that meets the employee’s prescribed
restrictions as defined by the physician. If there are no alternative duty
assignments that are compatible with the employee’s restrictions, the employee
will be entitled to eligible leave and pay that is commensurate with the type of
illness and injury, if eligible. All sick, vacation and compensatory leave must be
exhausted prior to granting of leave without pay.
6. Eligibility for merit increases and attendance incentives shall be deferred until the
employee returns to regularly assigned job duties.
7. An alternative duty assignment will not convert to a permanent position.
E. Seniority and Mark-up
1. An employee will continue to accrue seniority while working an alternative or
modified duty assignment. However, after an employee has accumulated thirty
(30) or more cumulative lost workdays, they will not be allowed to participate in
a mark-up until they have returned to full duty. An employee must have
returned to full duty for at least five (5) working days before the markup
commences. For purposes of this policy, retraining or performing regular duties
constitutes full duty.
2. An employee who has accumulated thirty (30) or more cumulative lost work
days and returns to full duty less than five (5) working days before a mark-up
commences, will be placed on the Transportation Extra Board or assigned to a
HEM Chapter 3, Page 6
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
shift with an opening in the employee’s classification until the next markup or
until a position becomes open based on seniority order. An employee who is
placed on the Transportation Extra Board will receive the same days off as
he/she had prior to participation in the alternative duty and leave program. An
employee who returns to an open run or who is assigned to an open shift will be
entitled to the days off assigned to that open run or shift.
F. Notification of Mark-up
Other than the Maintenance system-wide mark-ups which are scheduled well in
advance, any employee who is missing work due to an on or off the job injury or
illness will be sent notification of an upcoming mark-up via certified mail. This
notice will be sent no later than ten (10) days prior to the date the mark-up
commences.
G. Termination of Alternative Duty Assignment Program Eligibility
1. Alternative and modified duty Program eligibility or work assignments shall be
terminated or altered under any of the following circumstances:
a. A change in the employee’s medical status
b. Completion of the alternative duty assignment
c. Failure to follow the provisions of the Alternative Duty Program or to
abide by any other DART policy or procedure
d. Inability to perform the tasks required of the assignment
e. Assignment duration reaches 120 working days consecutively or
cumulatively within a backward rolling twelve-month period.
f. Failure to adhere to the terms of the Bona Fide Job Offer
2. If an employee refuses to perform a task consistent with the medical restrictions,
the employee will be terminated from eligibility under the alternative duty
assignment as follows:
a. If the employee’s injury or illness occurred off-the-job, the employee will
leave the work site and will be charged with accrued sick or vacation leave or,
depending on the circumstances, be placed on leave without pay.
b. If the employee’s injury or illness occurred on-the-job, the employee will
leave the work site and, depending on the circumstances, shall be charged
accrued sick or vacation leave or be placed on leave without pay, if eligible.
H. Time Limits
1. Alternative duty is limited to the employee’s period of rehabilitation within 120
working days from the date they begin losing time as a result of injury or illness.
Employees who have not been released to regular duty within 120 working days
HEM Chapter 3, Page 7
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
of the date they began losing time will be subject to a disqualification consistent
with the terms of Section 5.4.
2. If, prior to the expiration of 120 working days, an employee is deemed to be
permanently or indefinitely unable to return to their regular position, they may
request to be considered for other positions within DART consistent with the
terms of Section 5.4.
3.8 Reimbursement of Relocation Expenses (Salaried Employees)
This section has been removed (not applicable to this manual).
3.9 Nepotism
The employment of members of the family (or spouse’s) family of those individuals who
are members of the Board of Directors of DART is prohibited. No employee may work
under the line of supervision of the employee’s:
1. spouse, mother, father, son, daughter, brother, sister; or
2. any other family member residing in the same household.
Management officials are prohibited from creating undue influence on other officials
directed at favorable employment conditions for their friends or relatives.
3.10 Conditions of Employment
A. Applicants are subject to the following requirements:
1. Every applicant for employment with DART shall complete an application form.
Every question on the form must be answered.
2. An applicant or an employee who provides false information on the application
form or who fails to disclose information that is pertinent to the appointment is
subject to denial of employment or discharge.
3. Applicants may be required to take a variety of pre-employment tests or other
assessment methods and all individuals selected for employment with DART may
be subject to a thorough background investigation, reference checks, and/or
physical examination.
B. All persons appointed to permanent positions shall participate in the federal social
security system, and any other program required by law, and are eligible to participate
in the sponsored group life insurance program, group hospitalization plan, the
appropriate retirement plan, and any other benefit program provided by DART.
C. An employee who fails to comply with the provisions of this manual, or who violates
one or more of the standards of conduct set forth in this manual, is subject to
reprimand, suspension, demotion, or discharge, whichever is applicable. Any
disciplinary action taken and any appeal from the disciplinary action must be in
conformance with the procedures established by this manual.
HEM Chapter 3, Page 8
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
D. To obtain employment with DART, an applicant must:
1. complete a DART employment application form and meet the minimum job
qualifications;
2. verify identity and employment eligibility and complete the Employment
Eligibility Verification form;
3. be at least 16 years of age, unless otherwise approved under federally sponsored
programs, or at last 21 years of age if applying for a position as a bus operator;
4. have a social security number;
5. pass a physical examination administered by a physician selected by DART if the
position applied for requires regular and sustained periods of physical effort,
agility, and mobility or regular or sustained operation of motor equipment or
vehicles.
E. An employee who sustains injury attributable in whole or in part, directly or
indirectly, through the negligence or wrongdoing of a third person, firm, or
corporation, is subject to the following condition:
1. All employees grant DART the right to initiate legal process against third parties,
including subrogation, to collect debts, damages, or assume remedies and claims
to the extent of the amounts expended by DART for and on behalf of the
employee, Workers’ Compensation, and related medical costs arising out of or in
any manner connected with the injury.
F. All employees are required to notify their supervisors in writing of their current
telephone numbers and home (street) and mailing addresses. Employees must notify
their supervisors and the Compensation and Benefits section, in writing, of any
changes within 24 hours.
3.11 Employee Classifications
There are two classifications of appointments: Regular and Temporary. DART may also
utilize individuals who are not carried on the payroll and who are considered contract
employees.
Those carried on payroll are:
A. Regular. Regular employees are eligible to participate in DART benefit programs and
the discipline, grievance, and appeal procedure.
1. Full-Time. An employee who works a normal week (40 hours) on a regularly
scheduled basis in an approved DART position.
2. Part-Time. An individual who works less than a normal workweek in an
approved DART position on either a regularly scheduled basis or on an irregular
basis.
HEM Chapter 3, Page 9
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
B. Temporary. Temporary employees are not eligible to participate in DART benefit
programs and the discipline, grievance, and appeal procedure.
1. Full-Time. An individual who works a normal workweek, not to exceed a
specific, known duration of time. Extension of a temporary work appointment
beyond the initial period requires advance approval by the department head and
the head of Human Resources and may not exceed 1,000 hours in a fiscal year.
2. Part-Time. An individual who works less than a normal workweek for a specified
period of time.
3. Intern. (This section removed; not applicable to this manual.)
4. Consultants. (This section removed; not applicable to this manual.)
Temporary employees are not eligible for regular DART benefits and for the
provisions of the DART discipline, grievance, and appeal procedure.
Only regular full-time employees are eligible to work overtime. Overtime for other
than regular full-time employees must be approved by the President/Executive
Director and the head of Human Resources on an exception basis.
There shall be no probation period for temporary employees. Temporary employees
may be terminated at any time without prior notice.
C. Overtime Classification
All positions covered by this manual are classified as nonexempt hourly positions.
Overtime will be paid in accordance with applicable federal and state regulations.
3.12 Termination of Employment
A. Terminations are classified as follows:
1. resignation
2. discharge
3. layoff
4. administrative (military service, disability, retirement, death, or end of temporary
assignment).
B. Benefits. Benefits due upon termination are stipulated elsewhere in this manual under
the sections pertaining to the respective benefit.
C. Notice of Resignation. An employee should give at least two weeks notice to the
employee’s supervisor of intention to resign.
D. Exit interviews will be conducted when practicable for the purpose of processing the
final forms, obtaining a forwarding address, and reviewing the reasons for termination
in an effort to continually upgrade recruiting procedures, benefits, and work
conditions.
HEM Chapter 3, Page 10
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
3.13 Re-employment (other than employees recalled from layoff)(Revised 10/1/02)
A. Retrieving Continuous Full-Time Service. A person who is re-appointed as a DART
employee will retrieve previous continuous full-time service earned during the
immediately preceding period of full-time regular employment with DART if he/she:
1. previously completed probation but had less than one year continuous full-time
service, and is re-appointed within one year of termination; or
2. previously completed at least one year of continuous full-time service, and is re-
appointed within three years of termination.
B. A person who is re-appointed as a DART employee will retrieve previous continuous
full-time service earned during the longest single preceding period of full-time regular
service with DART if he/she:
1. previously completed five years or more continuous full-time service; and
2. is re-appointed within 10 years of termination.
C. Continuous full-time service retrieved under subparagraphs A or B of this subsection
will be for the purposes of determining all service-related benefits except retirement
benefits. Service credit for retirement and pension programs is defined in the
governing documents establishing those programs. A person who is reappointed will
not retain their previous wage rate or seniority.
D. Re-appointment with no service time retrieved. A re-appointment will be governed by
regulations applying to new appointments after:
1. a separation from DART employment during the probationary period;
2. a separation from DART employment for more than one year, without previously
completing at least one year continuous full-time service;
3. a separation from DART employment for more than three years (up to 10 years)
without previously completing at least five years continuous full-time service; or
4. a separation from DART employment for more than 10 years.
E. Probation.
A person who is re-appointed and retrieves service under A.1 and A.2 above shall
serve a new probation period starting with the re-appointment date.
F. Return from Military Service.
An employee re-appointed from military active duty service shall receive all general
increases applied to their position and grade during their absence.
G. Re-appointment after disqualification. An employee who leaves employment due to
an injury or illness is eligible for re-employment if their work history was satisfactory
HEM Chapter 3, Page 11
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 3.0: Employment
and a medical examiner selected by DART verifies their ability to work in a vacant
position for which they qualify.
HEM Chapter 3, Page 12
Employment
Revised Published Date 03/15/2012
Hourly Employment Manual
Chapter 4.0: Training and Employee Development
4.1. Training
A. All employees who meet established guidelines are eligible to participate in training
programs offered by DART. Administrative responsibility for the design and
implementation of DART's overall training program rests with the Human Resources
Department.
B. Training programs that improve promotional opportunities (e.g., supervisory and
managerial development) should be assigned using competitive procedures. The
Human Resources Department will develop an Assessment Center for assessing the
potential of individuals with or without actual experience/education to fill supervisory
and other positions. The process of implementing such a center will involve
developing a methodology (job-related exercises and assessment techniques) to be
used to determine employee training needs for upward mobility programs.
4.2. Tuition Reimbursement (Revised 06/01/08)
A. It is DART's policy to encourage employees to further their education in subjects
related to their work, to encourage employees to broaden their knowledge and skills in
preparation for possible assumption of new job responsibilities, and to reimburse
specified costs to each eligible employee who enrolls in job-related courses or other
approved courses of study.
B. Employees will be reimbursed for the cost of tuition, required books and mandatory
fees for approved courses based on the following schedule:
1. 100% of total costs, not to exceed the yearly maximum, if employee earns a grade
of “A” or “B”;
2. 75% of total costs, not to exceed yearly maximum, if employee earns a grade of
“C” or “Pass” in a Pass/Fail course or grade structure;
3. Zero reimbursement for classes with grades below a “C”.
4. Transportation and parking fees are not reimbursable expenses.
Tuition Reimbursement will be calculated per fiscal year (October 1 through
September 30) as follows:
100% reimbursement for the first $1,500
50% reimbursement thereafter, to a cap of $2,500 per fiscal year
If an employee leaves DART within one year from reimbursement, they will be
responsible for reimbursing DART 100% of all money paid to them for tuition
reimbursement in the previous year.
If an employee leaves DART within two years of reimbursement, they will be
HEM Chapter 4, Page 1
Revised Published Date 06/01/08 Training
Hourly Employment Manual
Chapter 4.0: Training and Employee Development
responsible for reimbursing DART 50% of all money paid to them for tuition
reimbursement during the previous two years.
C. Tuition reimbursement for undergraduate studies qualifies as Employer Provided
Education Assistance (IRS Publication 508 – Tax Benefits for Work-related
Education). Under this plan, DART does not include the benefits with the
employees’ wages and the employees do not have to report it on their tax return.
D. Graduate level courses leading to a professional degree do not qualify for tax-
exemption and, therefore, reimbursement is subject to income tax withholding.
E. Each regular full-time employee is eligible for tuition reimbursement under the
following conditions:
1. The desired course of study must relate directly to:
a. Employee's present work.
b. A position within the Authority the employee might reasonable expect to fill
in the future.
c. A part of a degree plan that is job-related.
d. Certifications that are required to maintain or improve the employees’ skills
needed in their present work as identified by their job descriptions.
2. If conditions are met, the employee must:
a. Submit an "Advance Approval for Tuition Reimbursement" form to the
immediate supervisor for determination of relevance to work available at
DART.
b. Forward three copies of approved form to Human Resources prior to the
beginning of the course. If approved, one copy of the form will be sent to the
employee, one copy to the approving supervisor, and one copy will be held in
Human Resources pending receipt of a completed "Request for Tuition
Reimbursement" form. Note: There must be a record of prior approval in
Human Resources before reimbursement can be approved.
c. Upon completion of the course(s), submit a completed "Request for Tuition
Reimbursement" form and a copy of the grade report to Human Resources for
approval to reimburse employee.
3. The course of study must be taken from an accredited educational institution.
4. Courses which are audited are not eligible for reimbursement.
5. The employee must be employed by DART or be on layoff at the time of
reimbursement.
F. The applicant studying toward a degree is required to file a degree plan in order that
courses not directly related to the applicant's job may be authorized provided the
courses are essential requirements of the participant's approved degree plan.
HEM Chapter 4, Page 2
Revised Published Date 06/01/08 Training
Hourly Employment Manual
Chapter 6.0: General Administration
6.1. Probationary Period
A. The purpose of any probation is to determine that the employee can and will perform
satisfactorily. Any new employee who receives a permanent appointment is on
probation during the first six months of employment. An employee may be discharged
during this probationary period, or any extension thereof, upon the recommendation
of the department head and concurrence of the Human Resources department head
without right of appeal.
B. All new employees will receive a probationary period evaluation before completion of
the six-month probationary period. If a supervisor has documented that an employee
has not performed work requirements satisfactorily but believes the employee’s
performance has the potential to improve:
1. The Supervisor may request in writing to the appropriate department head an
extension of the employee’s probationary period not to exceed 90 calendar days. If
the probationary period is extended, the employee will be notified by the
supervisor with a copy of the notification provided to Human Resources. The
supervisor must conduct periodic counseling sessions to ensure that the employee
is aware of any concerns and is provided with guidance to address those concerns.
The Performance Evaluation and request for extension of probation are to be
submitted to Human Resources.
2. The employee will be reevaluated at the expiration of the extension. If an
employee fails to achieve a satisfactory rating, the employee will be discharged.
C. Upgrades and Promotions
When an employee is promoted or reassigned, a new six-month probationary period
will not be required
6.2 Work Hours (Rev. Effective 03/15/12)
A. Standard Work Schedules
B. Nonstandard Work Schedules
C. Flextime
Sections A, B, and C above have been removed, and the following section on work hours
has been added:
Work hours vary according to the operational needs of the department and division.
Employees should refer to schedules established by their department/division. Further
information for hourly employees can be found in the Departmental Supplements
HEM Chapter 6, Page 1
Revised Published Date 03/15/2012 General Administration
Hourly Employment Manual
Chapter 6.0: General Administration
D. Work week assignments may vary in emergency situations. An emergency situation
is one in which it becomes necessary, due to unusual or unforeseen circumstances, for
the Vice President or delegate, to require employees of a particular section, or a
classification within a section, to work a reasonable amount of overtime to provide
adequate service to the public.
E. Inclement Weather Policy - Reporting to Work
As a public transit operator, DART's provision of service to the public becomes
highly critical to the residents of the service area during periods of inclement weather.
Our ability to provide that service depends, as always, upon the availability of
personnel to operate, maintain, and supervise operations and support functions. While
it may be difficult for DART personnel to reach their work locations during inclement
weather, it is expected that they will report for work and their pay for that day will be
based upon that expectation.
The following policy will be followed regarding work hours and pay during periods of
inclement weather:
1. The only time that administrative leave will be granted for weather emergencies is
when the President / Executive Director, or designee, orders that all DART
facilities be closed. Employees who do work on such days will receive their
regular pay for that day.
2. On those occasions in which the President / Executive Director, or designee, does
not order DART facilities closed, but inclement weather may cause problems with
the employee's ability to report to work on time, the following is expected:
a. Employees involved in providing direct customer services are required to
make appropriate plans so they can be at work at the assigned time.
b. Employees who are not involved in providing direct customer services must
also make every effort to reach work on time. Supervisors are permitted to use
discretion in accommodating employees who are late, and may grant the use of
administrative leave, or extend the regular work day to permit employees who
arrive late to complete their normal work hours.
3. In granting leave to employees during inclement weather, supervisors must take
into account the staffing needs of the office, and the requirement that they
continue to provide support to those offices who are involved in direct customer
services, and who will be working during the weather emergency.
4. Employees who are going to be late arriving for work must notify their supervisor
and make arrangements to use leave or extend their workday to compensate for
the lost time. Should the period of inclement weather continue for more than one
day, employees are required to call in each day.
HEM Chapter 6, Page 2
Revised Published Date 03/15/2012 General Administration
Hourly Employment Manual
Chapter 6.0: General Administration
5. Employees who demonstrate that they made extraordinary efforts to report for
work on time but who arrive late due to weather and road conditions can be paid
for their full work day at the discretion of their supervisor provided that they
contact their supervisor. It is expected that there will be very few instances in
which an employee would be paid for time not worked.
6. During inclement weather, employees who fail to report for work and who do not
contact their supervisor will not be paid for that day.
7. Department heads may approve early release of employees from work on days
when weather conditions at the end of the day may present undue health and
safety hazards.
6.3 Personal Appearance
Each employee is expected to be neat, well-groomed, and dressed in good taste.
Employees may be required to wear uniforms specified for their positions. While
performing job tasks, DART employees associate with a wide range of public officials
and citizens. Therefore, it is expected that the employee's appearance reflects favorably
upon the organization
6.4 Outside Employment
Employees shall not engage in any outside employment, activity, or enterprise that
interferes with or has an adverse effect on their work at DART, or that could represent a
potential conflict of interest that may be inconsistent or incompatible with employment by
DART.
6.5 Departmental Safety Rules
A. DART employees are required to carry out their daily work assignments in a safe and
skillful manner. Employees will abide by all DART, departmental, and other
established safety rules and regulations designed to protect the safety and well being
of the public and employees.
B. Accidents are subject to review by the Safety section and the results may be appealed
to the Accident Review Board. (See Chapter 9.)
C. Employees may be disciplined for violations of DART, departmental, or other
established safety rules based on the frequency and severity of the occurrence and
degree of negligence after an investigation by the Safety section.
D. This discipline may be appealed in accordance with the grievance procedure.
6.6 Payday (Rev. Effective 03/02/05)
A. Friday is the official payday. Checks may be released to employees at the discretion of
the President / Executive Director, or designee, on Thursday.
HEM Chapter 6, Page 3
Revised Published Date 03/15/2012 General Administration
Hourly Employment Manual
Chapter 6.0: General Administration
B. If a paycheck shortage is greater than $50, a second check will be processed. Checks
for correction notifications received by 10:00 a.m. on Monday or Friday will be
available in Treasury at 1:00 p.m. that day.
C. Paycheck shortages less than $50 will be adjusted on the employee’s next check.
D. Paycheck overages will be adjusted on the employee’s check based on time of
discovery and dollar amount of the overage.
6.7. Return of Authority Property
Upon separation from DART, Authority property, including identification cards, keys, or
other property that had been issued, must be returned to clear for final pay. Final pay will
not be given to the employee until all Authority property and/or money owed to DART is
returned or otherwise accounted for to the satisfaction of DART officials. DART may be
authorized to withhold amounts owed DART from final pay.
The supervisor is responsible for ensuring the return of Authority property upon the
employee's separation from DART.
6.8. Classification Seniority (Rev. Effective 03/15/12)
A. Date of Appointment
Seniority shall be calculated from the employee's date of appointment at DART or if
reappointed, from the employee's date of last appointment at DART, unless otherwise
specifically provided in this manual. The seniority of former DTS employees who
were on the payroll, or on recall from layoff, on the date of the closing of the contract
between the City of Dallas and DART, is transferred from DTS to DART.
B. Job Classification
All employees shall be governed by job classification seniority in their respective
organization. It is further understood that if an employee moves from one job
classification to another, he shall not carry his seniority to that job classification, but
shall take his place at the bottom of the seniority list in the new job classification.
If an employee self-nominates to another classification, and subsequently is unable to
pass the training required for the position, he may be allowed to return to the former
position if a vacancy exists; however, the employee will lose seniority equal to the
amount of time spent in the new classification.
C. Return from Salaried to Hourly
An employee assigned or promoted to a salaried position may, within 12 months,
request to return to his/her former position with seniority accumulated while serving
in such capacity.
HEM Chapter 6, Page 4
Revised Published Date 03/15/2012 General Administration
Hourly Employment Manual
Chapter 6.0: General Administration
D. Leave of Absence (Effective 10/01/02)
Seniority shall accumulate while elected employee representatives are on approved
leave of absence for the business of its local, national or international organization.
6.9. Reduction in Force and Layoff
Sections A, B, and C regarding Reduction in Force have been removed (applicable to
salaried employees only).
E. Layoff and Recall Rights
DART reserves the right to lay off (or furlough) employees due to shortage of work or
funds that are considered to be of a temporary nature or short duration. Decisions to
lay off individual employees will be based on the needs of the affected organization.
Subsections 1, 2, and 3 have been removed (applicable to salaried employees only).
4. When employees are laid off due to a reduction of work in any job classification,
the last employee hired in such job classification will be the first one laid off and
so on up the list. However, any employee who worked his way up from one job
classification to another will have the right to bump down to the previous job
classification in the event of layoff in reverse order of his/her progression.
5. In hiring employees previously laid off, they shall be re-employed in the order of
their seniority at the time they were laid off, provided they can successfully meet
the employment standards of the Authority in effect at the time such re-
employment opportunity occurs. An employee who has been laid off will lose all
right of re-employment if he/she has been off more than two years, or fails to
report for duty within two weeks after written notice has been sent by certified
mail to his/her last known address requesting the employee to return to work.
6.10. Overtime
A. Salaried Non-Exempt Employees
1. Daily Overtime. Non-exempt salaried employees who work longer than a standard
eight-hour day will be paid at an overtime rate of one and one-half (1-1/2) times
their base rates of pay for all hours worked in excess of eight.
2. Weekly Overtime. A non-exempt salaried employee who works or is paid leave
aggregating more than 40 regular hours in a seven-day period will be paid at an
overtime rate of one and one-half (1-1/2) times the regular rate for all hours paid
in excess of 40. For purposes of computing weekly overtime for biweekly
payrolls, the first seven days shown on the payroll will constitute one weekly
HEM Chapter 6, Page 5
Revised Published Date 03/15/2012 General Administration
Hourly Employment Manual
Chapter 6.0: General Administration
period, and the last seven days shown on the payroll will constitute the second
weekly period.
B. General Overtime Provisions
1. The standard work day begins when an employee begins work on his/her
scheduled shift.
2. A part-time employee is not entitled to daily overtime but is eligible for weekly
overtime.
3. In no case will any employee be paid overtime twice for the same hours.
4. Paid Leave. An employee is charged with paid leave only on days the employee
would otherwise have been scheduled to work. No more than 40 hours paid leave
may be charged in one payroll week. For purposes of computing daily overtime,
paid leave will not be counted as work time.
5. Call Backs. If an employee is called back to work outside of his/her scheduled
work hours and continues to work through his/her scheduled start time, for
purposes of computing daily overtime, a new work day begins at the time the
employee originally reported for work. An employee will be paid a minimum of
two hours overtime, regardless of actual hours worked, if the call back does not
merge with his scheduled start time.
6. For overtime policy pertaining to hourly paid employees of the Transportation and
Maintenance Departments see supplements covering each group.
7. Compensatory Leave (removed, no longer applicable).
6.11 Emergency Pay (Effective 03/15/12)
Employees who are required to work during time periods declared as an emergency
situation under Section 6.2.D will be compensated an additional 15% of their base rate of
pay for the straight-time hours worked during such a declared emergency period, providing
they are in compliance with other aspects of their respective attendance guidelines and/or
supplements. The Emergency Situation premium pay will only apply for hours worked that
are not eligible for daily overtime premium pay.
6.12 Security
Each employee has the responsibility and obligation to comply with DART procedures
relating to security. These procedures are designed to protect employees and to safeguard
DART property.
A. Requirement to Present or Wear Proper Identification. In order to insure that only
authorized individuals have access to DART property (office buildings, parking
garages, warehouses, maintenance facilities, equipment, etc.), all visitors and
employees are subject to being required to present proper identification and reasons
HEM Chapter 6, Page 6
Revised Published Date 03/15/2012 General Administration
Hourly Employment Manual
Chapter 6.0: General Administration
for being at that location. A department head may require employees in his/her
department to wear proper identification. This would preclude unrestricted access to
individuals not employed by the Authority.
B. Safeguarding DART Property. All employees and individuals not employed by DART
carrying briefcases, packages, shopping bags, or similar objects, or when there is
reasonable suspicion of unauthorized possession, consent to inspection while on
DART property. Weapons are prohibited.
C. Reporting Suspicious Activity. Any employee who observes suspicious activities
should immediately notify his/her immediate supervisor. The employee should not
jeopardize his/her safety by making any attempt to stop or apprehend individuals
engaged in suspicious activities. The supervisor shall contact the Chief of Transit
Police.
6.13 Preventing Violence In The Workplace (Effective 03/05/12)
A. In keeping with DART's intent to create and maintain a productive and safe work
environment that is free of threats and hostility, DART will not tolerate threats or acts of
violence to persons or property. All threats will be treated as serious. Threats or acts of
violence will be dealt with speedily and appropriately to minimize risk to DART
customers, employees, and property.
B. Harassment, stalking, intimidation or any act of violence is prohibited on DART
premises, property, or by any DART employee while on duty or wearing a DART
uniform. It is unlawful for any employee to knowingly make, convey, or cause any threat
concerning an attempt or alleged attempt to injure any persons or to damage or destroy
property. It is unlawful for any person to intentionally or recklessly assault, strike, or
inflict violence on any person. It is unlawful for any person knowingly to enter or remain
upon the premises or property of DART when consent to enter or remain is absent,
denied, or withdrawn by an appropriate representative or supervisor of DART.
HEM Chapter 6, Page 7
Revised Published Date 03/15/2012 General Administration
Hourly Employment Manual
Chapter 7.0: Benefits
7.1. Identification Cards - Free Transportation
A. Identification cards. Identification cards, containing the photographs of the persons to
whom the cards are issued will be issued to active full-time and part-time employees
and retired DART employees, and the spouses of these employees or retirees, or
another family member designated by them.
1. The ID cards are to be used only by the persons to whom they are issued. Lost or
stolen ID cards, must be reported to Human Resources at once. A replacement
costs five dollars. Additional replacements will cost $25.00 for second, $50.00 for
third, etc.
2. Employees who retrieve lost or stolen ID cards will be paid $5.00 for each card
returned to Human Resources.
3. When an employee terminates his or her employment with DART, the employee
must return the employee ID card and any spouse or other designated family
member ID card issued. If the terminating employee fails to return the card(s),
twenty-five dollars ($25.00) will be deducted from the employee's final paycheck
for each card.
B. Free Transportation.
1. To ride without paying the fare on any DART bus, (excluding chartered buses) the
employee, retiree, spouse, or other designated family member must present his or
her photo ID card to the bus operator.
2. An employee, retiree, spouse, or other designated family member who is riding a
bus without paying the fare must not occupy a seat if any fare-paying passengers
are standing.
3. Full-time or part-time temporary employees are not eligible for free transportation.
7.2. Eligibility for Benefits
A. A regular full-time employee is eligible for employees' retirement plan, the employee
benefit program, sick leave, vacation leave, holidays, court leave, death-in-family
leave, military leave, merit or service increases, service incentive pay, and shift
assignment pay.
B. "Temporary" signifies an employee hired for a specific job of limited duration.
Included under this designation would be an employee hired for a seasonal or summer
activity. "Part time" signifies an employee who normally works less than 40 hours a
week.
1. Temporary or regular part-time employees are not eligible for any of the fringe
benefits, namely: retirement, group life insurance, group hospitalization
insurance, sick and vacation leave, merit increases, holidays, or other. These
employees are paid only for actual hours worked except that temporary or part-
HEM Chapter 7, Page 1
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
time bus operators will be eligible to receive the three hours minimum pull-out
guarantee or any other benefit applied to a regular run if worked.
2. In the event a retired employee is hired as a temporary, he/she shall continue to
receive pension benefits; however, such an employee is not entitled to any other
benefit.
3. All part-time bus operators who have been continuously employed for one year or
more and who have worked 384 hours or more in the last 12-consecutive-month
period will be reimbursed at the rate of one-half of the established operator
uniform allowance for purchase of prescribed uniforms.
4. Regular part-time employees are eligible for service incentive pay in accordance
with the section entitled "Service Incentive Pay".
7.3. Holidays and Holiday Pay (Rev. Effective 3/2/05)
A. Holidays shall be extended to all employees except regular part-time and temporary
employees.
B. Official Holidays
1. The following official holidays will be observed:
a. New Years Day (January 1);
b. Martin Luther King's Birthday (third Monday in January);
c. Presidents' Day (third Monday in February)
d. Memorial Day (last Monday in May);
e. Independence Day (July 4)
f. Labor Day (first Monday in September);
g. Thanksgiving Day (fourth Thursday in November);
h. Day after Thanksgiving (fourth Friday in November);
i. Christmas Day (December 25).
2. When an official holiday falls on a weekend, the following alternative schedule
applies:
a. A holiday that falls on a Saturday will be taken the Friday before the holiday.
b. A holiday that falls on Sunday will be taken the Monday after the holiday.
3. In an organization in which employees regularly work on holidays, the supervisor
shall arrange schedules to allow each employee who works on the holiday a
rescheduled holiday either before or after the holiday (by markups as appropriate).
4. When service levels for B.1.b.c. and h. above are that of a normal weekday, the
holiday will be considered a rescheduled holiday for all employees and will be
incorporated into the annual vacation markup. A notice of the holiday to be
HEM Chapter 7, Page 2
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
considered a rescheduled holiday for each calendar year will be posted prior to the
annual vacation markups.
C. Holiday Pay.
1. Employees who are off on the holiday because of special markups, because they
are not required to work, or if the holiday falls on their regular day off, or while
they are on vacation, shall receive eight hours holiday pay at their regular rate.
2. An employee will not receive pay for a holiday if he/she is:
a. absent without leave or on leave without pay either the working day before or
the working day following an official holiday (such an employee who works
on the holiday will be paid straight time pay only, providing the holiday is a
regular working day for the employee);
b. absent on the last scheduled work day before and the first scheduled work day
after the holiday; or
c. absent without leave on a holiday on which the employee is normally
scheduled to work.
3. An employee who is sick on a holiday which he/she is scheduled to work may be
required to provide a doctor's statement verifying the employee's inability to work.
4. Employees will be paid for the holiday, in addition to the vacation pay, except
when an additional day's vacation is scheduled and approved in advance by the
appropriate supervisor.
5. An official holiday occurring while paid sick leave is being taken will be paid as a
holiday, and no deduction from the sick leave balance will be made for the
holiday.
6. An employee on short-term or long-term disability leave when a holiday occurs
will be paid disability pay in lieu of holiday pay.
7. An employee on a leave of absence for an on-the-job injury when a holiday occurs
will be paid worker's compensation in lieu of holiday pay.
8. An employee on military training leave, court leave, or death-in-family leave
when a holiday occurs may take the holiday at a subsequent date approved by the
supervisor.
9. A "non-exempt" salaried employee who is required to work on a holiday and is
not granted a rescheduled holiday is paid eight hours holiday pay plus time and
one-half for all hours worked provided the employee is eligible for holiday pay.
10. Since final settlement of monies due an employee separated from the payroll is
paid in a lump sum, no holiday occurring after the date of separation will be
included in the determination of the settlement.
HEM Chapter 7, Page 3
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
7.4. Insurance Coverage
Every employee appointed on a regular full-time basis and upon completing the necessary
eligibility shall be eligible to participate in the health, group life, and long-term disability
insurance programs.
7.5. Savings Plans
Regular full-time employees may participate in payroll deduction savings plans including:
Credit Union, 457 Deferred Compensation plan and 401 (k) Plan.
7.6. Social Security
DART employees shall participate in the federal social security system as required by
law.
7.7. Retirement Plans
Regular full-time employees are required to participate in the appropriate DART
sponsored Retirement Plan. Those former Dallas Transit System employees who were
included in a Dallas Transit System Retirement Plan, on or before the closing date of the
Sale Purchase and Transfer Contract between the City of Dallas and Dallas Area Rapid
Transit in which DART assumed the pension liabilities of the Dallas Transit System, will
remain in the applicable Dallas Transit System Retirement Plan.
7.8. Service Incentive Pay (SIP)
A. Regular employees hired through December 31, 1996 may be eligible to participate in
DART's Service Incentive Pay program (SIP). Employees hired after December 31,
1996 will not be eligible to participate in this program.
B. Payment in any given year will be dependent upon approval of the DART Board of
Directors.
C. To qualify, employees must meet the following requirements as of December 1 in any
given year:
1. Have five or more full years of regular full-time or regular part-time service
credit.
2. Be in a pay status or on approved leave without pay.
D. SIP will be paid in lump sum by separate check during December each year and will
be considered earnings under the DART-sponsored retirement plans. The checks will
be distributed during the first half of December of each year. SIP will be calculated at
a rate of $6 per month, per year of service, up to a maximum of twenty-five years.
E. Eligible employees whose employment is terminated prior to December 1 because of
death or retirement under pension plan rules (including disability retirement) will be
paid a pro-rata SIP amount. Payment will be made shortly after termination.
HEM Chapter 7, Page 4
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
F. SIP will be paid in lump sum by separate check during December each year, and will
be considered earnings under the DART-sponsored retirement plans. The checks will
be distributed during the first half of December of each year.
G. Eligible employees whose employment is terminated prior to December 1 because of
death or retirement under pension plan rules (including disability retirement) will be
paid a pro-rata SIP amount based on year-to-date earnings, excluding lump sum
payments for vacation and sick leave. Payments will be made shortly after
termination.
7.9. Shift Assignment Pay (SAP) - effective 01/03/00
A. Regular full-time employees who work at least one full pay period of regularly
scheduled working hours with 50% or more of the time between 6 p.m. and 6 a.m.,
will be compensated for all hours worked an additional two percent (2%) Shift
Assignment Pay (SAP) of their base rate of pay.
B. Regular full-time employees who work at least one full pay period of regularly
scheduled working hours from 11 p.m. through 3 a.m., will be compensated for all
hours worked an additional three percent (3%) Shift Assignment Pay (SAP) of their
base rate of pay. Total shift assignment pay cannot exceed 5% for the pay period.
C. An employee who is temporarily assigned to replace a person who regularly receives
SAP will also receive SAP while temporarily assigned, providing the temporary
assignment is for one or more full days
7.10. Employee Assistance Program (EAP) and Wellness Program
A. This program provides free, confidential, professional assistance to help employees
and their families resolve problems that affect their personal lives or job performance.
These may involve physical illness, emotional stress, relationship problems, marriage
problems, divorce, children and teenager problems, alcohol and drugs, or legal and
financial difficulties. There is no cost to the employee for short-term (up to eight
visits when necessary) counseling. Health-related problems needing long-term
counseling are coordinated through the employee's health benefit provider. Other
types of assistance, including financial counseling, which are not covered under
normal health insurance, are based on the individual's ability to pay. Referral
assistance is to professionals in the community who specialize in providing
personalized counseling assistance at a low cost to the individual.
B. DART strongly encourages all employees to actively participate in Wellness activities
and programs, including any program sponsored by DART. Promoting healthy
behavior in the workplace and outside of work is a priority that benefits DART and
employees by improved health, reduced health care costs, reduced premature death
and disability, decreased absenteeism and turnover, and increased job satisfaction and
morale.
7.11. Vacation Leave
HEM Chapter 7, Page 5
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
A. General Provisions
1. The vacation leave year is January 1 through December 31. In operations divisions
where vacation leave is scheduled in advance for the entire year, vacation leave is
accrued in one calendar year and is taken in the following calendar year. Other
employees may take vacation leave as vacation time is accrued with the approval
of the supervisor.
2. The amount of vacation leave that a regular full-time employee accrues in a 12-
month period is based on the number of hours an employee is paid in each pay
period and the employee's length of service at the time of the pay period, as
provided and limited in Section 7.11.B below.
3. Each regular full-time employee accrues vacation leave during the initial
probationary period, but vacation leave may not be used until the probationary
period is completed. All vacation leave is forfeited if the employee terminates
employment before completing the probationary period.
4. A person reappointed accrues vacation leave under conditions described in
Section 7.11.B below at a rate determined by the number of years of continuous
full-time regular service retrieved and may use accrued vacation days during the
probationary period if scheduling permits.
5. Vacation leave may be converted to sick leave in accordance with Section
7.15.C.9.
6. An appropriate extension of vacation leave may be granted for a death in an
employee's family occurring while the employee is on vacation leave.
7. An employee on suspension forfeits use and accrual of vacation leave for the
duration of the suspension. The employee must either return to work or be
terminated before vacation leave is restored.
8. Vacation leave is provided for the specific purpose of allowing an employee a
period of rest and relaxation, but the department head and the Human Resources
department head may approve pay in lieu of vacation leave to an employee only in
an emergency situation.
9. An employee who terminates employment after completing probation shall be
paid in a lump sum for vacation leave accrued and not taken. A deceased
employee's remaining accrued vacation leave will be paid to his/her beneficiary or
estate.
a. An employee discharged for cause after completing probation will be paid for
all accrued vacation leave in a lump sum at the end of the next complete pay
period following the date of discharge. No credit will be given for a holiday
that may have fallen within the vacation period had the vacation period been
extended on the payroll.
HEM Chapter 7, Page 6
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
b. Lump sum payment of vacation leave is computed by multiplying the number
of hours of vacation leave to which an employee is entitled by the hourly rate
equivalent of the employee's salary on the date of termination. It will be paid
at the employee's regular rate of pay, eight hours per day and five days per
week, without regard to the normal working hours of an employee's work day
or work week.
B. Vacation Leave Accrual (Revised 10/01/02)
1. An employee hired after June 1, 1990, with less than one year of credited service
will accrue vacation leave at the rate of 4% of the hours paid up to 80 hours in
each biweekly pay period to a maximum accrual of 80 hours (10 days) in the
vacation year. Employees hired before June 1, 1990 with less than one year of
credited service will accrue vacation leave consistent with Section B.2. below.
2. An employee with one year to less than four years of credit service will accrue
vacation leave at the rate of 6.5% of the hours paid up to 80 hours in each
biweekly pay period to a maximum accrual of 104 hours (13 days) in any vacation
year.
3. An employee with four years to less than nine years of credit service will accrue
vacation leave at the rate of 7.5% of the hours paid up to 80 hours in each
biweekly pay period to a maximum accrual of 120 hours (15 days) in any vacation
year.
4. An employee with nine years to less than 14 years of credit service will accrue
vacation leave at the rate of 9.0% of the hours paid up to 80 hours in each
biweekly pay period to a maximum accrual of 144 hours (18 days) in any vacation
year.
5. An employee with 14 years to less than 19 years of credit service will accrue
vacation leave at the rate of 10.0% of the hours paid up to 80 hours in each
biweekly pay period to a maximum accrual of 160 hours (20 days) in any vacation
year.
6. An employee with 19 years to less than 24 years of credited service will accrue
vacation leave at the rate of 11.5% of the hours paid up to 80 hours in each
biweekly pay period to a maximum accrual of 184 hours (23 days) in any vacation
year.
7. An employee with 24 or more years of credited service will accrue vacation leave
at the rate of 14% of the hours paid up to 80 hours in each bi-weekly pay period to
a maximum accrual of 224 hours (28 days) in any vacation year.
8. Employees may accumulate vacation leave to an amount equal to their accrual for
a two-year period. However, no more than two years vacation leave accrual may
be expended at one time.
HEM Chapter 7, Page 7
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
9. Use or Lose Rule: In January of each year (on January 1 or no later than the
beginning of the first full pay period), vacation leave accrual that is in excess of
two years that is not taken shall be forfeited.
10. Temporary and part-time employees do not accrue vacation leave.
C. Scheduling and Taking Vacation Leave
1. Under normal circumstances vacation leave credit is expendable as it is accrued
after the employee has completed the probationary period, except in operations
divisions where vacation leave credit does not become expendable in the year
accrued and cannot be granted until after January 1 of the following year.
Exception in such divisions is made in cases of extended authorized absences for
such purposes as military service and educational training, or for termination of
employment with DART after completion of the probationary period.
2. Vacation leave usage must be requested and approved in advance.
3. In unforeseen circumstances where employees must be absent due to illness or
accident in the immediate family who have no such leave available, an employee
may be granted use of vacation leave. The employee may be required to furnish
proof of such an accident or illness.
4. Please refer to the Transportation and Maintenance Department supplements for
further information.
7.12. Incentive Vacation Pay
A. Employees with an exemplary attendance record throughout the leave year will be
eligible for Incentive Vacation Pay (lump sum) as shown below:
Unpaid Absences Incentive
and Paid Sick Leave Vacation Pay
Less than 8 hours 4 days lump sum pay
8 hours but less than 16 hours 2 days lump sum pay
16 hours but less than 24 hours 1 days lump sum pay
24 hours or more 0 days lump sum pay
Unpaid absences includes Leave Without Pay, Absence Without Approved Leave, and
Workers' Compensation leave.
B. Short-Term Disability is considered the same as Sick Leave for purposes of eligibility
for Incentive Vacation Pay.
C. Employees must have been in a pay status the full leave year (12-month period) to be
eligible for Incentive Vacation Pay. The Incentive Vacation Pay will be paid in lump
sum in January after the end of the leave year.
HEM Chapter 7, Page 8
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
D. Incentive vacation leave may be taken in increments of one or more days when
scheduled in advance and approved by the Supervisor.
7.13. Compensatory Leave
This section has been removed (no longer applicable).
7.14. Leave Without Pay
A. Leave Without Pay (LWOP) is granted as a matter of administrative discretion when
determined to be in the best interest of DART. No employee may demand leave
without pay as a right.
B. Examples of reasons for which an employee may be granted LWOP:
1. To participate in training or education that would result in increased job ability.
2. To recover from an illness or disability not believed to be of a permanent or
disqualifying nature for which sick leave and workers' compensation benefits have
been exhausted.
3. When return to work would threaten the health of others.
4. To provide necessary care for a family member who is ill or incapacitated.
5. To represent employees in grievance hearings when requested.
6. For excused absences during an initial probation.
C. Human Resources may authorize requests from department heads for leave without
pay for a period of over one week and not to exceed six consecutive calendar weeks.
Requests for leave without pay in excess of six consecutive calendar weeks must be
submitted in writing to Human Resources and approved by the President / Executive
Director. The President / Executive Director must approve leave without pay in
excess of 13 consecutive calendar weeks.
D. An employee who is on leave without pay from work for more than six consecutive
calendar weeks loses service credit for that period that is in excess of the six calendar
weeks.
E. An employee granted leave without pay may be paid for all accrued and unused
vacation leave due as of the last day for which pay is received, or, at the employee's
option, retain credit for use upon return to work.
F. An employee granted leave without pay must return to work to retrieve sick leave
credit, but will be paid for any vacation leave balance due if the employee terminates.
Payment of the vacation leave balance will be at the pay rate in effect at the beginning
of the leave without pay.
7.15. Sick Leave
A. General Provisions
HEM Chapter 7, Page 9
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
1. Every full-time regular employee accrues sick leave during the initial probation
period, but sick leave may not be used until the probationary period is completed.
All sick leave is forfeited if the employee terminates employment before
completing probation.
2. A person reappointed under conditions described in Section 3.12 will retrieve sick
leave credit accrued at the time of the previous termination and is entitled to both
accrue and use sick leave during the probationary period after reappointment.
3. Sick leave benefits will be paid at the employee's regular rate of pay, eight hours
per day and five days per week, without regard to the normal working hours of an
employee's work day or work week.
4. Employees working under the following conditions are not eligible for sick leave
benefits:
a. On a temporary basis.
b. On a part-time basis.
c. On probation (first six months of employment)
5. Employees shall be granted lump sum payment of sick leave remaining to their
credit in any amount that does not exceed 720 hours (90 days) when:
a. retiring from DART employment and immediately eligible to receive
retirement benefits; or
b. terminating for any reason with 20 or more years of continuous full-time
service, including any continuous full-time service retrieved under Section
3.12.
6. An employee who terminates with less than 20 years of service, or who is not
immediately eligible to receive retirement payments, is not entitled to payment for
unused sick leave.
7. Any employee who is placed on a disability pension shall be granted lump sum
payment of any sick leave remaining to the employee's credit in any amount that
does not exceed 720 hours (90 days). The appropriate retirement committee will
determine the date of permanent disability. Use of sick leave will be discontinued
and lump sum payment made effective to the determined date.
8. If an employee dies, the total accumulated sick leave in any amount that does not
exceed 720 hours shall be computed with the final settlement of the employee's
wages and paid in a lump sump to the employee's beneficiary or estate.
9. Lump sum payment of sick leave will be made only once during an employee's
total employment with DART. Lump sum payment of sick leave is computed by
multiplying the number of hours of sick leave to which an employee is entitled by
the hourly equivalent of the employee's salary rate on the date of termination.
HEM Chapter 7, Page 10
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
10. When sick leave is not taken in accordance with DART policy, the employee will
be subject to discharge or other discipline.
B. Sick Leave Accrual
1. Employees may accrue a maximum of 12 days (96) hours sick leave in a calendar
year. Employees accumulate sick leave at the rate of 5% of the hours paid, up to
80 hours in each biweekly pay period, up to a maximum of four hours each pay
period.
2. When sick leave accrual reaches 1,392 hours (174 days), accrual ceases until sick
leave is taken.
3. Employees do not accrue sick leave while being paid for short or long-term
disability leave.
4. Regular employees who have completed probation accrue sick leave while
receiving workers' compensation. Probationary employees do not accrue sick
leave while receiving workers' compensation.
5. Sick leave benefits will be paid at the employee's regular rate of pay, eight hours
per day and five days per week.
6. A regular employee who enters the United States armed forces and is placed in
military active duty status, retains sick leave credit for purposes of reemployment
by DART, but does not accrue additional sick leave credit while in military active
duty status.
C. Use of Sick Leave
1. Sick leave will be charged in quarter-hour increments.
2. Sick leave may be granted only when:
a. An employee is incapacitated for the performance of his/her duties due to an
illness, surgical procedure, or off-job injury.
b. A medical, dental, or optical examination or treatment is necessary, provided
that prior approval of the supervisors is obtained.
c. An employee is incapacitated by or recovering from pregnancy, miscarriage,
abortion, or childbirth.
d. It is necessary to care for a family member residing in the employee's
household who is ill or incapacitated.
e. An employee has been exposed to a contagious disease that would warrant
quarantine by a health officer, and the employee's presence on the job would
jeopardize the health of others.
HEM Chapter 7, Page 11
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
3. An illness or disability caused by use of alcohol and/or drugs is not chargeable to
sick leave. The only exception is when the employee's absence occurs while
participating in a DART sponsored or approved alcohol/drug treatment program.
4. Employees in Operations Divisions who are unable to report to work due to
illness or accident must notify their supervisor at least 30 minutes prior to the
beginning of their shift.
a. Notice of absence due to illness or accident must be conveyed to the
employee's supervisor on the first day of such absence, and on each
succeeding day of absence thereafter, except when hospitalized.
b. Failure to notify the supervisor in accordance with this section may result in
the employee being declared absent without leave and subject to disciplinary
action.
5. An employee will be required to furnish the supervisor or Human Resources
with a statement from an attending physician when:
a. the employee's absence is due to illness or injury of the employee or of a
family member residing in the employee's household;
b. the employee's safety or ability to work is in question;
c. there is a question of sick leave abuse; or
d. the efficiency or safety of the work unit is in question.
6. Medical documentation may be submitted before or during the absence, but not
later than the first day of return to work from the absence in order to receive sick
pay. Failure to provide medical documentation will result in non-payment of sick
leave.
7. An employee who has been absent because of illness or injury may be required to
submit to a physical examination by a physician selected by DART. The employee
may return to work upon approval of the examining physician.
8. An employee who is released by the treating physician to return to regular or light
duty and who refuses to report to work or perform his assigned duties is subject to
disciplinary action including discharge.
9. If an official holiday occurs during a period of paid sick leave, an employee will
be charged for the holiday instead of sick leave.
10. If an employee becomes ill while taking vacation leave, the period of illness may
be charged as paid sick leave and the charge against vacation leave will be
reduced accordingly. A request for this conversion must be made within two days
after the employee's return to work and must be supported by a medical statement.
11. An employee on suspension forfeits use and accrual of sick leave for the duration
of the suspension and must either return to work, or, if ill, submit an approved
HEM Chapter 7, Page 12
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
doctor's statement justifying inability to return to work before sick leave credit and
accrual may be restored.
12. Any request for sick leave in excess of the amount to the credit of an employee
must have prior approval of the department head. The maximum advance of sick
leave that may be granted shall not exceed 80 hours. An advance of sick leave will
not be considered until all expendable vacation leave is exhausted. If an employee
who is indebted for unearned sick leave terminates, he shall refund the amount
paid for the period of the advanced sick leave, or the amount will be deducted
from any unpaid salary, or vacation leave. No refund is required in cases of death
or retirement for disability.
7.16. Short-Term Disability
Short-term disability pay, which is 66 & 2/3 percent of an employee's pay, will be paid to
full-time regular employees who meet the following qualifications:
A. The employee must have a qualifying non-occupational disability diagnosed by an
approved treating physician as being for more than 14 calendar days in duration.
B. The employee must have the treating physician complete the required application
form and submit it to Human Resources during the 14-day period.
C. Human Resources must approve the application for short-term disability pay.
D. The 14-day waiting period begins on the day the employee became disabled.
E. During the 14-day period an employee may request to use vacation leave if no sick
leave is available.
F. At the end of the 14-day period the employee must use 80% of unused sick leave.
G. When the employee has used 80% of unused sick leave the employee may then
receive short-term disability pay as follows:
1. not to exceed six months of disability,
2. until the employee is released to return to work by a physician,
3. until the employee is approved for disability under a DART retirement plan, or
4. until the employee's employment is terminated, whichever is sooner.
H. An employee receiving STD pay does not accrue vacation or sick leave; however,
STD pay is included in the calculation of Service Incentive Pay.
I. Under personnel policy, STD leave is considered the same as leave without pay;
therefore, an employee who is on STD leave for more than six consecutive calendar
weeks loses service credit for that period which is in excess of the six calendar weeks.
J. An employee may supplement STD pay up to 100% of base pay with accrued
vacation or sick leave.
7.17. Death in Family Leave (Rev. Effective 3/2/05)
HEM Chapter 7, Page 13
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
A. An allowance of three working days with pay is extended to every full-time regular
employee when a member of the employee's immediate family dies. "Immediately
family" means a spouse, children, stepchildren, father, mother, brother, sister, or any
other relative in the employee's household at the time of death.
B. One or two working days with pay, depending on the circumstances, shall be
extended to an employee to attend the funeral of an employee's grandfather,
grandmother, grandson, granddaughter, aunt, uncle, current father-in-law, mother-in-
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law. Time off with pay will
not be granted for death of other in-laws or a cousin.
C. Proof of relationship, date and location of funeral may be required prior to payment
for time off.
D. If multiple deaths occur within a family simultaneously, the normal allowance of
three days will prevail, unless unusual conditions warrant special exception. If the
deaths occur on separate dates, although within close proximity, an employee will be
extended the full allowance of three days for each death.
7.18. Court Leave and Jury Duty
A. A full-time regular employee shall be granted court leave when he/she is summoned:
1. for jury duty; or
2. to appear as a witness.
B. An employee may be granted court leave at the discretion of the department head
when the employee is involved in personal litigation.
C. The employee must notify the supervisor upon receipt of a summons for which court
leave is requested.
D. All fees paid and expenses reimbursed by the court may be retained by the employee,
provided that DART did not furnish travel, meals, lodging, or miscellaneous
expenses.
E. An employee on court leave is credited with a standard work day on the payroll. No
allowance will be made for overtime the employee might have earned if he/she had
worked.
7.19. F. When an employee on court leave is excused by proper court authority, the employee
shall report back to his/her place of work when as much as four hours of working time
remains.
Military Leave (Revised 10/01/02)
A. Military Leave - Training Duty
1. A regular full-time employee, including one on probation who is a member of the
national guard or reserves of the United States armed forces shall, upon
notification to his/her supervisor and submission of military orders be granted
HEM Chapter 7, Page 14
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
leave by DART for a period required to perform active duty for training
Temporary and part-time employees will be given authorized leave without pay
for this purpose.
2. Active duty for training means to be engaged in short periods of authorized
military training such as two-week encampments, cruises, or training schools,
weekly or weekend drills, and other similar activities authorized by law.
3. In accordance with state law, an employee engaged in authorized military training
duties authorized by proper authority will receive pay and accrue benefits as if the
employee were on the job for up to 15 working days (three 40-hour weeks) in any
one calendar year.
4. An employee eligible for military leave who is ordered or authorized to participate
in training or other duty for periods longer than 15 working days will first be
placed on military leave with pay and then on military leave without pay for any
time in excess of 15 working days.
5. An employee shall give as much advance notice as possible to his/her supervisor
regarding dates for training and weekend drills to allow for work substitutions.
Annual or quarterly training schedules should be given to the employee's
supervisor as the schedules become available to the employee's military unit.
6. An employee who participates in weekend military training that occurs on a
regularly scheduled work day may request his/her work day to be rescheduled
rather than have the absence charged to military leave, if the employee
reschedules the work day within the same work week.
B. Military Leave - Active Duty
1. Responsibility for administering regulations of the military service policy rests
with the Human Resources department head.
2. Military active duty means to be engaged in full-time, long-term active military
service in the United States armed forces to the exclusion of DART or other
employment.
3. Any regular full-time employee, including one on probation, who leaves his/her
position for the purpose of entering any branch of the United States armed forces
for extended active duty shall be placed in military active duty status and
administratively separated from DART employment. The employee should give
his/her supervisor advance notice of his/her intent and, for re-employment
purposes, submit a copy of his/her orders for inclusion in his/her personnel record.
4. Every regular full-time employee called for a military pre-induction physical
examination will be allowed a reasonable time with pay, including travel time, to
take the examination.
HEM Chapter 7, Page 15
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
5. An employee leaving for active duty in the armed forces may be paid for all
accrued vacation leave or may request that the leave be saved for use upon return
to work with DART. If the employee does not return to work, he/she is entitled to
be paid vacation pay.
6. In accordance with federal regulations, an employee may serve a total of four
years on active duty in the armed forces, and an additional year at the request of
the United States government, and still be eligible for reappointment. An
employee's right to reappointment is not protected for periods of military active
duty longer than five years.
7. A regular full-time employee who leaves to enter active military service shall be
restored to employment in the same position held upon entrance to active military
service, or in a position of comparable status and pay, if the employee:
a. is physically and mentally qualified to perform the duties of the position; and
b. was discharged, separated, or released from activity military service under
honorable or general conditions;
c. has not been in active military service for more than five years; and
d. makes written application for reappointment within 90 days for discharge,
release, or separation from active military service and presents evidence of the
discharge, release, or separation from the military service.
8. An employee who has not completed probation with DART when beginning
active duty in the armed forces shall, upon his/her return, resume his/her probation
at the point it was interrupted.
9. Every regular full-time employee, including one on probation who successfully
completes his/her probation after reappointment, will be allowed full credit for
time spent in the military service for the purpose of computing eligibility for
vacation leave, service incentive pay, and seniority.
7.20. Worker's Compensation Program (Revised 10/1/02)
A. Introduction
1. Employees who are injured in the course and scope of employment will receive
workers' compensation benefits in accordance with state law.
2. A compensable injury / occupational disease is an injury or an occupational
disease arising out of and in the course and scope of employment. (Throughout
this section, the term "compensable injury" will be used to identify either a
compensable injury or an occupational disease.)
3. An occupational disease is a disease that causes damage or harm to the physical
structure of the body and such other diseases that result therefrom.
HEM Chapter 7, Page 16
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
4. Disability is the inability to earn pre-injury wages because of a compensable
injury.
5. Income Benefits: Unless DART is disputing a claim, an employee will receive
income benefits up to the maximum state-approved weekly rate during a period of
disability caused by a compensable injury as follows.
a. For employees whose hourly rate is more than $8.50, 70% of gross pay.
b. For employees whose hourly rate is less than $8.50, 75% of gross pay for the
first 26 weeks of lost time, 70% thereafter.
c. If the disability lasts 28 calendar days or more, income benefits will accrue
beginning with the first day of lost time. If the disability lasts less than 28
calendar days, income benefits will not be paid for the first seven calendar
days of lost time.
6. Medical Benefits: Unless DART is disputing a claim, an employee with a
compensable injury is eligible for medical benefits, whether or not there is
disability.
B. Employee Reporting Responsibilities for Compensable Injuries
1. To ensure receipt of workers' compensation benefits in a timely manner, an
employee must notify the immediate supervisor as follows:
a. On-the-job injury: As soon as possible, but no later than the end of the shift or
work day in which the injury occurred.
b. Occupational disease: On the first day of awareness that it is work-related.
2. Within three days, an Accident Report Form (see sample attached at the end of
Chapter 7) is to be prepared and submitted to the immediate supervisor. Failure to
submit the form within three days may result in disciplinary action.
3. The supervisor will forward copies of the form to Risk Management, the Safety
Office, and the division manager. (If the employee is physically unable to
complete the report, the supervisor will be responsible for completing it to the
extent possible.)
4. Failure to notify the supervisor within 30 days of the date of injury may result in
the claim being denied.
5. Employees losing time from work because of a compensable injury must comply
with the provisions of the Alternative Duty and Leave Program.
C. Transfer of Work Assignments (Bus and Rail Operators) (Revised 06/01/08) Section
Deleted and moved to Section TD9
D. Leave Without Pay
HEM Chapter 7, Page 17
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
1. Employees who lose time from work because of what they claim is a compensable
injury will be on Leave Without Pay if any of the conditions shown below exist.
Such employees will not be paid workers' compensation benefits.
a. Claim is disputed .
b. Texas Workers' Compensation Commission (TWCC) determines injury is not
compensable.
c. Employee receives a full duty release to return to work, or has reached
maximum medical improvement, and has not returned to work.
d. Employee does not report the injury to the supervisor.
E. General Provisions
1. Activity While Losing Time from Work: Employees with a compensable injury
may not engage in any activity that is detrimental to their recovery, as determined
by their physician, including but not limited to starting a new job (including
volunteer work) or otherwise starting to earn wages while losing DART work
time due to a compensable injury. Failure to comply may result in losing workers'
compensation benefits and/or disciplinary action, up to and including discharge.
2. Other Employment: Employees who were working for themselves or an employer
other than DART at the time of the injury and continue to do so while receiving
income benefits must report all wages to Risk Management. Failure to do so may
result in disciplinary action, up to and including discharge. Such work should not
be continued if it is detrimental to the employee's recovery.
3. Use of Accrued Leave: Employees may request payment of accrued sick leave for
the first seven days of lost time. Such leave may not exceed eight hours per day,
or forty hours per week. Such requests must be made within three days of the first
day of lost time, and must be approved by the immediate supervisor. Vacation
leave may be used after all sick leave has been used.
4. Disciplinary Action: Pending disciplinary action against the employee will in most
cases be delayed until the employee returns to work. If the disciplinary action is
based on a serious violation, immediate action may be necessary.
5. ADA and FMLA Compliance: DART's workers' compensation policy and
provisions will be enforced in a manner that is consistent with the Americans
With Disabilities Act (ADA), Family Medical Leave Act (FMLA), and all other
applicable federal and Texas statutes. Absences for workers' compensation will
run concurrently with FMLA absences.
6. Alternative Duty Assignments: DART offers alternative duty assignments for
full-time regular employees who have a temporary disability due to an injury or
illness. See Section 3.7
7. Insurance Premiums:
HEM Chapter 7, Page 18
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
a. Participants are responsible for paying the employee portion of premiums on
medical, dental, and vision insurance while losing time due to a compensable
injury. Payments must be made by money order or cashier's check payable to
DART and include the reference "WC Claimant." Payments must be received
no later than 4:00 p.m. of the regular payday on a biweekly basis to continue
insurance coverage. The mailing address is P. O. Box 840012, Dallas, TX
75284-0012.
b. DART will continue to pay the DART portion of premiums on the insurance
named above while the employee is losing time because of a compensable
injury, for up to sixty (60) working days and any subsequent periods of
extension granted under the Alternative Duty and Leave policy.
c. COBRA will be available for eligible employees. (Questions regarding
COBRA should be directed to the Compensation and Benefits Section of
Human Resources.)
8. Leave is accrued up to the first 30 lost-work days.
7.21. Administrative Leave - Leave With Pay
A. Certain authorized absences not provided for under regular leave policies fall within
the category of administrative discretion. This leave with pay is referred to as
administrative leave. No employee may demand administrative leave as a right.
B. The division head may administratively excuse an employee for the time necessary,
but not exceed one-half day when determined to be in the best interest of DART; for
example;
1. to make a blood donation, except when the employee is a professional donor;
2. to take a physical or other examination required by DART;
3. to vote in a city, state or national election; or
4. for urgent personal reasons of an emergency nature.
C. An employee taking any of the excused absences listed in Subsection B will be shown
on the payroll as being on administrative leave.
D. An employee charged with a violation of a DART, city, state, or federal law, rule, or
policy, which if proven would justify suspension or discharge, may be placed on
administrative leave with pay pending the outcome of any investigation to determine
the exact nature and extent of the violation and pending the imposition of any
disciplinary action taken for the violation.
7.22 Family and Medical Leave (Revised 07/27/09)
A. Eligible employees are entitled to job-protected family and medical leave in
accordance with the Family and Medical Leave Act of 1993 (FMLA), as amended. This
HEM Chapter 7, Page 19
Revised Published Date 07/27/2009 Benefits
Hourly Employment Manual
Chapter 7.0: Benefits
is a general summary of the FMLA legal obligations and DART’s leave procedures. For
details please refer to the entire FMLA and implementing regulations located at
www.dol.gov.
B. Definitions
1. Eligible Employee: Employees are eligible if they have worked for DART for at
least one year, consecutive or otherwise, for 1,250 hours over the previous 12
months. DART calculates an employee’s leave entitlement on a rolling 12-month
period measured backward.
2. Serious Health Condition: A serious health condition is an illness, injury,
impairment, or physical or mental condition that involves either an overnight stay
in a medical care facility, or continuing treatment by a health care provider for a
condition that either prevents the employee from performing the functions of the
employee’s job, or prevents the qualified family member from participating in
school or other daily activities.
a. Subject to certain conditions, the continuing treatment requirement may be
met by a period of incapacity of more than three full consecutive calendar days
combined with at least two visits to a health care provider, or one visit and a
regimen of continuing treatment, or incapacity due to pregnancy, or incapacity
due to a chronic condition.
b. Acute conditions require visits to occur within 30 days of the start of the
incapacity, and the first visit must occur within seven days of the start of the
incapacity.
c. Chronic conditions require periodic visits of at least twice a year for treatment
of the incapacity.
C. Basic Leave Entitlement (Revised 03/01/2011)
1. FMLA requires DART to provide up to 12 weeks of job-protected leave to
eligible employees for the following reasons:
a. For incapacity due to pregnancy, prenatal medical care or child birth;
b. To care for the employee’s child after birth, or placement for adoption or
foster care;
c. To care for the employee’s spouse, son or daughter, or parent, who has a
serious health condition;
(i) Son or Daughter: A biological, adopted, or foster child, a stepchild, a
legal ward, or a child of a person standing in the place of a parent, who is
under 18 years of age, or 18 years of age or older and incapable of self-
care because of a mental or physical disability.
HEM Chapter 7, Page 20
Revised Published Date 03/01/2011 Benefits