Loading...
HomeMy WebLinkAbout5.D.3. Amendment to Personnel Handbook, Res. No. 7501 Consent Business 5. D. 3. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kris Wilson, Assistant City Administrator DATE: 12/02/2014 SUBJECT: Amendment to Personnel Handbook-- Res. No. 7501 (F) Action Sought The Council is asked to offer Resolution No. 7501, a resolution amending the Personnel Handbook for Employees of the City of Shakopee, and move its adoption. Background Earlier this year, the state enacted the "Women's Economic Security Act" which was aimed at eliminating barriers faced by women in the workplace. The law imposes several new or amended requirements on employers and thereby necessitates the updating of the City's Personnel Handbooks. The necessary changes include the following: 1. Chapter 1, Section B: Equal Opportunity Employment: Adds "familial status" to the list of protected classes against which the City will not discriminate. 2. Chapter 8, Section B: Sick Leave: Expands the list of relatives for whom employees must be allowed to use up to 160 hours of sick leave per year to care for. 3. Chapter 8, Section B: Adds a new Subsection 2d allowing sick leave to be used in cases where an employee or covered relative needs time off to provide or receive assistance because of sexual assault, domestic abuse or stalking. 4. Chapter 8, Section E: The addition of organ donation to the current leave policy for bone marrow donation. (Note: This is not part of the Women's Economic Security Act, but rather a change that was put into law several years ago that staff discovered in the process of making this round of policy updates.) S. Chapter 8, Section F:Parenting Leave: Increases the length of job-protected parenting leave from six to twelve weeks and expands the window of time after the birth or adoption of a child that the leave may be taken from within six-weeks of the birth or adoption to within twelve months. Relationship to Vision This is a housekeeping item necessary to keep the City's personnel policies up to date with state law. Requested Action The Council is asked to offer Resolution No. 7501, a resolution amending the Personnel Handbook for Employees of the City of Shakopee, and move its adoption. Attachments: Resolution No. 7501 Amended Chapter 1 Amended Chapter 8 RESOLUTION No. 7501 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; and WHEREAS, from time to time there is a need to modify such policies to respond to new laws and regulations; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that Chapters I and VIII of the Personnel Handbook for Employees of the City of Shakopee are hereby amended as indicated on the attached. Adopted in regular session of the City Council of the City of Shakopee,Minnesota,held this 2nd day of December, 2014. Mayor of the City of Shakopee ATTEST: City Clerk PURPOSE AND GENERAL GUIDELINES A. Purpose. This Handbook is established to provide a uniform and equitable system of personnel administration for employees of the City. This Handbook does not constitute an employment contract for any city employee, but rather is provided as a guideline and may be amended from time to time as necessary. B. Equal Opportunity Employment Policy. The City of Shakopee is an equal opportunity employer. The City will not discriminate against nor harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, familial status, status with regard to public assistance, disability, sexual orientation, age, political affiliations, or because of the exercise of rights under Minn. Stat. sections 179A.01 to 179A.25, unless such discrimination is based on a bona fide occupational qualification. C. Application and Conflicts. This Handbook shall apply to all full-time employees, as well as those part-time employees working in a position listed on the City's full-time, non-union pay plan. In the event of conflict between this Handbook and any collective bargaining agreement, personal services contract, civil service commission rule, City ordinance, or state or federal law, the terms and conditions of that contract,rule, or law shall prevail. D. Employee Status. City employees may be disciplined and discharged only for just cause as prescribed in this Handbook. Probationary employees, as defined and described below, are employees at will and may be discharged by the City Council at any time for any reason or for no reason at all. E. Personnel Files. The City Administrator or the City Administrator's designee shall maintain employee personnel files. Upon written request, the City shall provide the employee with an opportunity to review the employee's personnel record, as provided by Minn. Stat. Sec. 181.960 et seq. Unauthorized viewing, removal, alteration, or destruction of all or any part of an employee's personnel file is prohibited. 3 VIII. LEAVES A. Vacation Leave. 1. Amount. All full-time and benefits-eligible part-time employees shall accrue vacation leave on a bi-weekly basis. For full-time, non-exempt employees, vacation time shall accrue in accordance with the following schedule: 0—5 years employment 80 hours annually 6— 15 years employment 120 hours annually 16—20 years employment 160 hours annually 21+years employment 160 hours plus 8 hours for each year worked over 20,to a maximum of 200 hours Benefits-eligible part-time employees shall accrue vacation leave on a pro- rated basis. 2. Measurement. Each twelve months of continuous employment with the City of Shakopee shall count as one year of employment for the purpose of vacation leave. 3. Accumulation. Vacation leave provides time away from the job for rest and recharging. It is in the best interest of the employee and the City that employees use this benefit periodically. Employees who have 0 to 15 years of employment with the City may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment with the City may accumulate no more than 360 hours of vacation leave. Under extraordinary circumstances, the City Administrator may approve the temporary accumulation of hours above the applicable cap. 4. When Taken. Vacation leave may be used no sooner than the next pay period after earned, subject to approval by the department head. 5. Exempt Employees. Exempt employees shall accrue vacation leave on a bi- weekly basis like all other employees. However, exempt employees shall accrue vacation in accordance with the following schedule: 0—5 years employment 120 hours annually 6— 15 years employment 160 hours annually 16—20 years employment 200 hours annually 21+years employment 200 hours plus 8 hours for each year worked over 20, to a maximum of 240 hours B. Sick Leave. 1. Accrual. Full-time, benefits-eligible employees shall accrue paid sick leave at the rate of 3.69 hours on a bi-weekly basis. Benefits-eligible part-time employees shall accrue sick leave on a pro-rated basis. An employee may accumulate no more than 960 hours of sick leave. 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, mother or father-in-law, son-in-law, daughter-in-law, grandchild, grandparent—er—stepparent, who is ill or injured. An employee may use a maximum of 21 hours of accrued sick leave per calendar year to provide care for a father in law, mother in law, son in law, daughter in law, grandchild, or any other relative residing permanently with and dependent upon the employee, who is ill or injured.experiencing a serious illness. d. For safety leave. An employee may use sick leave for reasonable absences in order to receive assistance needed because they are the victim of sexual assault, domestic abuse or stalking. Employees may also use sick leave to provide or receive assistance for a child, spouse, sibling,parent,mother-in-law, father-in-law, grandchild, grandparent, or stepparent who is the victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the employee and the employee's minor child or spouse, is limited to 160 hours in any 12- month period. b. 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. 2. Proof. To be eligible for sick leave with pay, an employee shall: (a) report as soon as possible (and in any event within one hour of the start of the employee's shift or workday) to the employee's supervisor the reason for the absence for each day of absence; and(b) keep their supervisor informed of the sick person's condition, and submit a medical certificate or other evidence from a physician for any absence if required by the City Administrator. 3. Conversion. Employees who have accumulated more than 160 hours of sick leave may elect to convert a portion of their sick leave to vacation leave. Such conversion shall be limited to sixty hours of sick leave, and may be converted at a rate of three hours of sick leave to one hour of vacation leave. If an employee elects to convert sick leave, the election must be in writing and be made once each payroll year at a time and manner established by the City Administrator. C. Bereavement Leave. Sick leave may be granted for a maximum of three consecutive work days as bereavement leave for the death of the employee's spouse, for the death of a child, step-child, parent, step-parent, sibling, grandparent, or grandchild of the employee or of the employee's spouse, or for any other relative residing permanently with and dependent upon the employee. D. Family& Medical Leave. 1. Purpose. The Family Medical Leave Act (FMLA) is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It is intended to benefit employees as well as employers by providing up to twelve (12) weeks of unpaid, job-protected leave for the birth of a child, adoption, foster care and certain family and medical reasons. 2. Eligible Employees. Eligible employees are those who have: a. Been employed by the City of Shakopee for at least one year; and b. Worked a minimum of 1250 hours within the previous twelve (12) month period. 3. Circumstances Covered by Family Leave. Eligible employees will be placed on FMLA leave when requesting time away from work for any of the following reasons: a. To care for the employee's child (birth or placement for adoption or foster care with the employee); b. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or c. For a serious health condition that makes an employee unable to perform his or her job duties. d. To care for family members injured while on active military duty or to respond to the call-up of a family member in the National Guard or Reserves, as described in subsection 5 below. 4. Serious Health Condition. A serious health condition is defined as any illness, injury, impairment or physical or mental condition that requires: a. Inpatient care in a hospital, hospice or residential medical care facility; or b. Prenatal care; or c. Any period of incapacity requiring absence from work, school or other regular activities, of more than three consecutive calendar days, that also involves continuing treatment by, or under the supervision of, a health care provider; or d. Continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days. 5. Leave Related to Military Service of Family Member. a. Military Caregiver Leave. The City will grant an eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness up to a total of 26 work weeks of unpaid leave during a "single 12-month period" to care for the service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating. The "single 12-month period" for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later. An eligible employee is limited to a combined total of 26 work weeks of leave for any FMLA-qualifying reason during the "single 12-month period." (Only 12 of the 26 weeks total may be for a FMLA- qualifying reason other than to care for a covered service member.) b. Qualing Exigency Caregiver Leave. The City will grant an eligible employee up to a total of 12 work weeks of unpaid leave during a rolling 12-month period that starts at the time of the FMLA qualifying event, for FMLA leave for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Under the terms of the statute, qualifying exigency leave is available to a family member of a military member in the National Guard of Reserves; it does not extend to family members of military members in the Regular Armed Forces. Qualifying exigencies include: (1) short notice deployment; (2) military events and related activities; (3) child care and related activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; and(7)post-deployment activities. 6. Length of Leave. The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period, except in cases of Military Caregiver Leave, which may extend to 26 weeks, as described in 5a above. When applicable, FMLA leave shall be taken simultaneously with the Minnesota Parenting Leave, as described in paragraph (F) of this section. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of the child. 7. Leave Year. The leave year will begin the first day the employee is absent from work on FMLA leave. 8. Notice. An employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave is not foreseeable, the employee should give as much notice as is practicable. 9. Medical Certification. Upon their supervisor's request, an employee must provide a medical certification for their own serious health condition or that of a child, spouse, or parent of the employee. A "Certificate of Physician or Practitioner" form can be obtained from the City's HR Technician. It is to be completed by the attending physician or practitioner. Documentation may also be required in the case of leave related to the military service of a family member. 10. Use of Accrued Sick Leave, Vacation Leave & Compensatory Time. During FMLA leave, an employee must use any sick leave,vacation leave and compensatory time which they have accrued. Police officers also have the option of utilizing available holiday leave. However, an employee may request to go on unpaid leave once they reach a balance of 40 hours or less of sick leave and 40 hours or less of vacation leave. All accrued compensatory time must be used prior to requesting unpaid leave. The use of sick leave, vacation leave and compensatory time occurs simultaneously with FMLA leave and cannot be used to extend or substitute for FMLA leave. Use of approved FMLA leave will not constitute a break in service for purposes of computing years of service. 11. Both Spouses Employed by the City. When both spouses are employees of the City, each spouse may take up to 12 weeks of FMLA leaver per year. The leave may run simultaneously. 12. Insurance Continuation. During FMLA leave, the City shall maintain coverage for the employee under the City's group health plan. These benefits will be maintained under the same conditions, and at the same level of City contribution, as before the employee goes on leave. If there are changes to the City's contribution levels and/or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health care and/or other insurance coverage they choose to continue. During such time as FMLA leave is paid, the City of Shakopee will continue to collect the employee's share of the premium through payroll deductions. The employee may choose not to retain health care or other insurance coverage during FMLA leave. When the employee returns from leave, he or she will be reinstated on the same terms as prior to taking leave, without any qualifying period, physical examination, exclusion of preexisting conditions or other requirement. 13. Premium Reimbursement. The employee will be required to reimburse the City for any premiums paid during FMLA leave if the employee does not return to work for a minimum of 30 calendar days, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent or employee, or due to other circumstances beyond the control of the employee but related to the FMLA leave. 14. Leave Accrual. The employee will not accrue vacation and sick leave while on unpaid FMLA leave. Employees using a combination of paid and unpaid leaver, or intermittent unpaid leave, will accrue vacation and sick leave on a pro-rated basis. Employees using paid leave will continue to accrue vacation and sick leave. 15. Key Employees / Return to Work. A key employee is defined as an employee who is in the highest paid 10% of all employees. A key employee may be denied reinstatement to the same or an equivalent position after FMLA leave if the denial is necessary to prevent substantial economic injury to the City's operations. 16. Intermittent Leave. FMLA leave may be taken intermittently or on a reduced schedule if medically necessary or in the case of leave related to the military service of a family member. If not medically necessary, the department head and City Administrator's approval is required. The City may require the employee to transfer to an alternative position of like status and pay while on intermittent leave. If leave is taken intermittently, it will not affect the status of an exempt employee under the Fair Labor Standards Act. All requests for intermittent leave will be evaluated on a case-by-case basis. 17. Return to Work. An employee returning to work from FMLA leave is entitled to the same position he or she held when the leave began, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment. The employee will be required to submit a fitness for duty or return-to-work report, signed by the treating doctor,prior to returning to work if FMLA leave was for the employee's own serious health condition. 18. Affect on the Unpaid Leave of Absence Policy. This policy is not intended to conflict with the City's Unpaid Leave of Absence policy. That policy will continue to apply in situations that are not addressed by the FMLA. 19. Governed by Law. This FMLA leave policy is intended to be a general summary of the law. FMLA leave is governed by federal or state regulations. Those regulations shall control if they conflict with this policy. E. Bone Marrow Donor Leave. As prescribed by Minn. Stat. Sec. 181.945 and 181.9456, certain employees are eligible to take a paid leave of up to 40 hours to undergo medical procedures to donate organs or bone marrow. F. Parenting Leave. As prescribed by Minn. Stat. Sec. 181.940 — 181.944 certain employees are entitled to up to twelve (12) six (6) weeks of unpaid parenting leave upon the birth or adoption of a child. 1. Eligible Employees. Eligible employees are those who have been employed by the City of Shakopee for at least twelve months preceding the request and least one year and worked an average of 20 hours or more per week. 2. Notice. Employees must give the City at least 30 days advance notice if the leave is foreseeable. If the leave is not foreseeable,the employee must give as much notice as is practicable. 3. Start State-of Leave. The leave begins at the time requested by the employee and must begin within twelve months of the may not begin more than six weeks after the birth or adoption. In the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital. 4. Length of Leave. The length of leave is determined by the employee, but may not exceed twelve (12)six (6) weeks. If the employee has any FMLA Leave eligibility remaining at the time this commences, this leave will also count toward FMLA Leave. The two leaves will run concurrently until the 12 week FMLA eligibility is exhausted. 5. Use of Accrued Sick Leave, Vacation Leave &/or Compensatory Time. While on parenting leave, an employee must use any vacation leave and compensatory time which they have accrued. However, an employee may request to go on unpaid leave once they reach a balance of 40 hours or less of vacation leave. All accrued compensatory time must be used prior to requesting unpaid leave. 6. The use of accrued vacation or compensatory time occurs simultaneously with the parenting leave and does not extend the length of the parenting leave. 7. Insurance Continuation. Employees utilizing sick, vacation or compensatory time while on parenting leave will have their benefits maintained under the same conditions and at the same level of City contribution as before the employee goes on leave. Employees utilizing unpaid parenting leave may choose to continue coverage under the City's group health plan at their own expense. 8. Status of Benefits. An employee will not accrue sick and vacation leave while on unpaid parenting leave. An employee using a combination of paid and unpaid leave will accrue sick and vacation leave on a pro-rated basis. An employee using paid leave will continue to accrue sick and vacation leave. 9. Return to Work. An employee returning from parenting leave will be reinstated to the same position or an equivalent position of comparable duties, number of hours and pay. 10. Impact on Family Medical Leave Act (FMLA). In most cases the Family Medical Leave Act(FMLA)policy will be applied to employees at the time of a birth or adoption because the provisions of FMLA are more beneficial to the employee. However, employees working between 20-24 hours per week are not eligible for FMLA but are eligible for parenting leave. In addition, an employee who has used the twelve (12) week allotment under FMLA for a serious health condition remains entitled to parenting leave for the birth or adoption of a child. G. School Conference and Activities Leave. As prescribed by Minn. Stat. Sec. 181.9412, an employee will be granted limited unpaid leave upon request for a child's school conferences or classroom activities, if the conference or classroom activities cannot be scheduled during non-work hours. H. Voting Leave. Employees are eligible for voting leave as provided in state law. Those employees required to work an 8-hour shift on Election Day have the right to be absent from work to vote during the morning of Election Day, with pay. No employee may be absent from work for more than one hour to vote without prior approval of the employee's department head. Each employee shall notify the department head prior to being absent. I. Jury or Witness Duty. When an employee performs jury duty or is subpoenaed as a witness in court or voluntarily serves as a witness in any case in which the City is a party, the employee is entitled to compensation from the City equal to the difference between the employee's regular pay and the amount received as a juror or witness. An employee who receives notice of jury duty or witness service shall notify the employee's supervisor immediately and provide a copy of the notice in order that arrangements may be made to cover the employee's position. J. Military Leave. 1. Paid Leave. Pursuant to Minnesota Statues Section 192.26, employees who are members of the National Guard, or any other branch of the state militia or the officers' reserve corps, the enlisted reserve corps, the Naval Reserve, the Marine Corps reserve or any other reserve branch of the military or naval forces of the United States are entitled to a paid leave of absence of up to fifteen (15) days in any calendar year for training or active service authorized by the proper authority. The employee shall not lose pay, seniority, vacation level, sick leave or any other benefits during the leave of absence. The leave will not be allowed if the employee does not return to work immediately upon being relieved from service, unless the employee is prevented from returning by physical or mental disability or other cause not the employee's fault or is required by the proper authority to continue in service beyond the 15-day leave period. 2. Unpaid Leave. Pursuant to 192.261 and U.S.C. Title 38, Sec. 2021, an employee who engages in active service in any of the military or navel forces of the state or the United States for which leave is not otherwise allowed by law is entitled to an unpaid leave of absence, with rights of reinstatement as provided by state and federal law. Such rights include, but are not limited to, the right to return to the same job or to a position with like seniority, status and pay if such a position is available at the same pay which the employee would have received if the leave had not been taken. Reinstatement is subject to the following conditions: 1) the position has not been abolished or its term has not expired; 2) the employee is not physically or mentally disabled from performing the duties of the position; 3) the employee applies for reinstatement within 90 days after termination of military service or within 90 days after discharge from hospitalization or medical treatment resulting from military service,provided that such application is within one year and 90 days after termination of military service; 4) the employee submits an honorable discharge or other form of certification that the employee's military service was satisfactory. 3. Differential Pay. The City of Shakopee values the sacrifices made by employees who volunteer to serve their country through the National Guard and U.S. Armed Forces Reserves. The City aims to support such employees when they are called to active duty, and have them return safely and resume their civilian role with the City. In an effort to balance this desire with the realities of the City budget, the City offers employees the following opportunity in addition to the protections and benefits guaranteed by state and federal law. Full-time employees called to active military duty in the National Guard or U.S. Armed Forces Reserves for a period exceeding 30 days may request differential pay and/or continuation of benefits, if their expected military pay is less than their City pay. Requests must be made prior to the employee's departure and will be considered by the City Council on a case by case basis. 4. Rights of Others. An employee promoted or hired to fill a vacancy created by a person being on military leave may be appointed to the position subject to the return of the employee on military leave. Upon return of the employee on military leave, a promoted employee may be restored to the employee's original position or an equivalent position. A replacement employee may be subject to layoff if no other position is available. K. Unpaid Leaves of Absence. 1. Short Leave. The City Administrator may grant an employee who has exhausted their paid vacation time and compensatory time, a leave of absence without pay for up to 40 hours per calendar year, upon the written recommendation of the department head. Use of short-term leave shall be in increments of time of not less than four (4) hours in duration; and requests for said use shall be submitted in advance, in writing. While on short leave of absence, the employee shall be treated in all respects as if the employee were working; including receiving benefits, except the employee shall forego the employee's salary. 2. Regular Unpaid Leave of Absence. Upon written request, the City Administrator may grant an unpaid leave of absence for a period not to exceed 90 days to an employee who has exhausted their paid vacation and compensatory time. Under no circumstances may an employee use a leave of absence to work for another employer or to pursue self-employment. The employee must request a leave of absence in writing and forward it to their immediate supervisor,who will then direct the request to the department head or the City Administrator with the supervisors/department head's recommendation. An unpaid leave of absence requires the advance written approval of the City Administrator. The City Council may extend such leave to a maximum period of one year if the employee is disabled or where the City Council finds extraordinary circumstances warrant such extension. Benefits including vacation leave, sick leave, holidays or other forms of indirect compensation will not accrue during an unpaid leave of absence. The employee may continue to be covered by group medical, dental and life insurance, but will be responsible for paying one hundred percent (100%) of the premium costs. K. Absence Without Leave. An employee who is absent and fails to report the reason to the employee's supervisor within one hour following the start of the employee's workday may be subject to discipline, which may include deduction of pay for the period of absence.