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HomeMy WebLinkAbout4.D.2. Amendment to Personnel Handbook - Res. No. 7357 pow.01A Consent Business 4. D. 2. SHt3KOPE E TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrator DATE: 09/17/2013 SUBJECT: Amendment to Personnel Handbook - Res. No. 7357 (F) Action Sought The Council is asked to offer Resolution No. 7357, a resolution amending the Personnel Handbook for Employees of the City of Shakopee, and move its adoption. Background Sick Leave During the 2013 legislative session, a new state law was enacted that requires employers with 21 employees or more at a work location to allow employees to use up to 160 hours of sick leave per year to care for an adult child, spouse, sibling, parent, grandparent or stepparent. Existing state law already required employers to allow the use of unlimited sick leave for a dependent child, and the City's current policy allows unlimited use of sick leave for a spouse, as well. However, the City's current policy limits the use of sick leave for additional family members, such as siblings, to just 3 days or 24 hours. This will now have to change in order to remain in compliance with state law. It should be noted that the law does not require an employer to extend sick leave to employees that are not currently eligible, nor does it require us to provide a certain amount of sick leave or allow employees 160 hours of paid time off even if they've used up their available sick leave. It simply says that if we are providing sick leave to an employee, we must allow them to use up to 160 hours of what they have on the books, to care for the listed family members. Pre-Employment Exams For years the City has required prospective employees to undergo a pre-employment physical and drug test. Candidates for positions with the Police and Fire Department are also required to have a pre-employment psychological evaluation. In the spring of 2012, we added a requirement for prospective police officers to take a functional capacity exam. This puts the individual in a setting where they have to physically demonstrate their ability to perform the essential functions of the job, such as lifting, carrying, etc. The City currently uses the trained physical therapists and rehabilitation experts from a company called NovaCare to perform these evaluations. This spring, the Fire Chief and I worked with representatives from NovaCare to develop a similar assessment for prospective firefighters, which will replace an in-house agility test that the Fire Department has conducted as part of its hiring process for many years. The new assessment has been validated by several current employees who confirmed that the tasks and motions required are job related. Therefore, staff is recommending that the Personnel Handbook also be amended to reflect that pre-employment functional capacity evaluations are required for both police and fire positions. Budget Impact The new state law expanding eligible uses of sick leave certainly has the potential to have a budgetary impact on the City. However, it is impossible to quantify just what that impact will be. As noted, it does not require us to provide more sick leave than we are currently providing or to provide it to employees that are not currently eligible. But the new law may result in the expanded use of sick leave by some employees, depending on their family circumstances. The cost of the new functional capacity evaluation for prospective firefighters is $100 per person. Relationship to Vision These are both housekeeping items (F). Requested Action If the Council concurs, it is asked to offer Resolution No.7357, a resolution amending the Personnel Handbook for Employees of the City of Shakopee, and move its adoption. Attachments: Resolution No. 7357 RESOLUTION No. 7357 A RESOLUTION AMENDING THE PERSONNEL HANDBOOK FOR EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, Resolution No. 6604, a resolution adopting a Personnel Handbook for Employees of the City of Shakopee,was adopted on May 1, 2007. WHEREAS, from time to time there is a need to modify such policies in order to remain in compliance with state law and to best suit the needs of the City and its employees. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that Chapter III, Section D of the Personnel Handbook for Employees of the City of Shakopee shall be amended to read as follows: D. Pre-employment Medical Exams. After a written conditional offer of employment is made to either a non-promotional or promotional candidate, the City may require the candidate to take and pass a pre-employment physical exam, including a drug/alcohol test. The physician will render an opinion regarding the candidate's ability to perform the essential functions of the position,with or without reasonable accommodation. Successful completion of other pre-employment screenings, such as psychological testing, may be required depending on the nature of the position. Examples of individuals required to undergo pre-employment (or pre-promotional) psychological testing include those applying for positions with the Police and Fire Departments, as well as those being considered for upper level supervisory or management roles, such as Department Heads. Candidates for a position as a Police Officer, Community Service Officer or Firefighter shall also be required to successfully complete a functional capacity evaluation, physically demonstrating their ability to perform the essential functions of the position. BE IT FURTHER RESOLVED,that Chapter VIII, Section B, Subsection 2 the Personnel Handbook for Employees of the City of Shakopee shall be amended to read as follows: 2.Use of Sick Leave. a. For the employee. An employee may use sick leave when the employee is unable to perform work duties due to illness, disability, the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Illness or injury occurring while an employee is on vacation shall not be charged to sick leave, but shall remain as vacation. b. For a child or spouse. An employee may use sick leave to care for an ill child under the age of 18 (or who is incapable of self-care because of a physical or mental disability) or spouse when the employee's attendance with the child or spouse may be necessary. c. For other relatives. An employee may use up to 160 hours of accrued sick leave per calendar year to care for an adult child, sibling, parent, rg andparent or stepparent who is ill or injured. An employee may use a maximum of 24 hours of accrued sick leave per calendar year three eenseetAive work days to provide care for , parent a father-in-law, mother-in-law, son-in-law, daughter-in-law, grandparent, or grandchild, or any other relative residing permanently with and dependent upon the employee,who is experiencing a serious illness. d. Abuse of Sick Leave. In cases where an employee is found to have taken sick leave absent one of the eligible uses listed above, the employee's time away from work will be charged against their vacation time and the employee shall be subject to discipline. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 17th day of September,2013. Mayor of the City of Shakopee ATTEST: City Clerk