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Home My WebLink About5.E.4. Employee Request for Additional Unpaid Leave i � 5"� . � City of Shakopee MEMORANDUM °�"'' a `" � A �� ' J � �:,�e�aW,u.�� TO: Mayor and City Council Mark McNeill, City Administrator � 1 � � FROM: Kris Wilson, Assistant City Administrato,r ',� I I SUSJECT: Employee Requesf for Additional Unpaid Leave i � DATE: �ctober 12, 2011 i i I Introduction � The Council is asked to consider a request from employee Franl< Coburn for additional unpaid leave � time. i � Background Frank Co6urn was hired as a police officer on January 5, 2009. He has been away from work since March � 22, 2011 due to a medical issue. Since that date, Officer Cobum has used all of his available paid leave ' time, including vacation, sicl<, holiday and comp time. Once that was exhausted, he continued to have additional job-protected leave available to him under the terms of the Family and Medical Leave Act (FMLA). Nowever, by mid-June he had exhausted that leave as well. At that time, City Administrator McNeill extended 60 days of unpaid leave time to Officer Cobum, based on the authority granted to him by the City's Personnel Handbook (see attached}. This unpaid leave expired on August 17, 2011. i The City then requested and received information from Officer Coburn's doctor regarding his ability to ' work. Based on the doctor's letter, and consultation with Police Chief Jeff Tate, Mr. McNeiU dedi�ed to extend any additional unpaid leave to Officer Cobum and encouraged him to tal<e advantage of the City's long-term disability insurance. Officer Coburn, working through Law Enforcement Labor Services (LELS), has now appealed that issue to the City Council, seeking Council approval for additional unpaid leave time. A copy of this request is ' attached. Additionally, after Mr. McNeiil dectined to extend additiona� unpaid leave, the City received new information from Officer Cobum`s doctor on October 10, which suggests the possibility that he may be able to perform light duty tasks. However, additional intormation is needed before a final decision can be made on the provision of light duty. i Alternatives I 1. Deciine the request for additional unpaid leave time. 2. Grant Council approval to Officer Coburn for an unpaid leave of absence from August 18 I through November 8, 2011 to allow for additional information to be gathered regarding the possibility of a light duty assignment. This provides staff and Officer Coburn a period of three � weeks to gather the necessary information and explore the possibility of a temporary light duty I assignment. 3. Grant Council approval for some alternative period of unpaid leave time. I Recommendation I Staff has serious concerns about extending addltional unpaid leave. However, based on the advice of I the City Attorney's office and the need to darify recently received information, alternative #2 appears Yo be the best approach for now. � Budget Impact I While there is no direct 6udgetary impact to extending additional unpaid leave to Officer Coburn, there is a direct, negative impact on staffing levels and scheduling within the Police Department. Requested Action The Council is asked to offer a motion to approve an unpaid leave of absence for Officer Frank Cohurn from August 18 through November 8, 2011. , I , I I � � � I I � I G M' I� Kris Wilson <{M I I � Frank Coburn � 1 message � Scott Higbee <shigbee@lels.org> Wed, Oct 12, 2011 at 12:16 PM I To: kwilson@ci.shakopee.mn.us, youcanfindfrank@yahoo.com � Kris Wilsan- � As you know, I am the LELS attomey representing Officer Frank Cobum. Pursuant to the letter dated September � 26, 20'11 from Ciry Administrator Marh McNeill to Offcer Gobum, this written request is made a5king that lhe Cily Of ShekOpeO �eCOnside� it5 decision to not extend Officer Coburn's unpaid lea�e of absence and asking that it reNew light duty assignments for Oificer Co6urn at ihe October 18 Gty Council meeBng. The reason for this request is that Officer Cobum's doctor has now released him for light duty. I understand that Officer Cobum has proUded Chief of Police Jeff Tate with a copy of the doctor's letter in that regard. Oficer Cobum's health has impro�ed significantly and he and his doctor belie�2 he will be able to return to his regular duties relati�.ely soon. � Please let me know if you need any additional information. � Scott Higbee LELS Staff Attorney 651-793-2317 i , i i , City of Shakopee Administrative Policy No. 295 RESTRICTED (Light) DUTY Consistent with public service needs, the City Administrator (The City) may assign restricted duty to employees who are temporarily disabled and unable to provide full � perforniance of all work duties assigned to their job classification. The City reserves the sole right to determine, on a case by case basis, whetlier restricted duCy will be assigned and, if assigned, what duties the employee will be expected to perform in the duration of I the assignment. The procedure for applying for restricted duty assignment will be as follows: 1. Assigmnent of restricted duty work is at the discretion of Che City Administrator. An employee or the employee's supervisor may apply for light duty. Written request for � light duty shall state the nature and extent of the temporary disability and the job duties, which the employee is unable to perform, along with the expected length of � the disability and any work restricYions related to the disability. This request should be accompanied by a physician's report on the Report of Wor�kAbility form, (Attaelvnent) provided by city containing diagnosis, current treatment and physician approval for restricted duty assignments with any restricti�ns thereon. 2. The City may require an independent evaluation to be performed by a physician selected by the City to verify the diagnosis, cuirent treatment, work restrictions and � expected length of disability. , 3. Determination regarding xestricted duty assignments will be made on a department- by-departraent, case-by-case basis. The department head, in consultation with the City ' Administrator, will consider such factors as public service needs and budgetary , considerations, the need for work which may be assigned as restxicted duty, the employee's capacity of perfortning the work, Yhe number of employees also unavailable for work due to injury or illness, and other relevant factors. 4. The City will determine whatjob duties the employee wil] perform. These duties may include those cunently assigned to the employee's job classifications or any other duties the City considers to be appropriate. The duration of restricted duty should be limited to three months, but may be extended by the City Administrator for up to an addi4onal three months. Any exCension beyond that is subject to City Gouncil approval. 5. Assignments to restricted duty will be reviewed on a monthly basis or more often as deemed necessary by the City. The City, in its sole discretion, reserves the right to terminate a cestricted duty assignment at any time based on, but not limited to, the factors set Yorth in number fl�ree above. I