4.9. SR 12-15-2003TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Lori Johnson, Finance Director
December 15, 2003
Consider Updates to Personnel Policy Manual
Item 4.9.
There are a few changes being requested to the city's personnel policy manual. The requested
changes are all in the leave section of the manual and address issues with part time leave accrual and
holiday pay for hquor store employees. The changes as proposed are attached in the leave section
of the manual and are summarized below. Deletions are identified with a strike line and additions
are in italics.
Holiday leave for liquor store employees - the current policy states that
hquor store employees will receive time and one-half for working on certain
holidays. Dave Potvin, Liquor Store Manager has requested a change in the
holidays that qualify for overtime. This request is being made to make the
liquor store more consistent with other retail operations in its overtime
policy. The proposed policy eliminates overtime on work days preceding a
holiday. Employees who work on a holiday when the store is open for
business will receive time and one-half for the hours worked on that day.
Leave time for certain part-time employees - currently all part-time
employees who work 1040 hours or more per year receive pro-rated
vacation, sick, and holiday leave benefits. This policy has worked fine for
part-time employees who are regularly scheduled, meaning they have a set
number of hours based on a set schedule each week. However, problems
have arisen with employees who do not have a set schedule; these employees
work different hours and a fluctuating number of hours each week. There
are only a few part time employees in this category who work enough hours
to qualify for leave. Generally, these part-time employees are scheduled by
the supervisor on an as-needed basis. Therefore it is very difficult to use the
accrued leave time because often the hours worked are scheduled based on
the need and on each employee's availability. The leave time accrued is in
essence additional pay because the employee is not really taking leave.
Sometimes the leave hours are used to supplement work hours so the
employee maintains enough hours to continue accruing leave. This is not the
intent of leave time and it becomes difficult for the supervisor to schedule
this leave when there is no set work schedule. The proposal to address this
situation is to require part time employees with no set work schedule to put
in 1560 hours per year (30 hours per week) to qualify for leave. The
proposed change would be effective for all employees hired on or after
January 1, 2004. Current part time employees would continue to accrue leave
as in the past. This language would be added to the vacation, sick, and
holiday leave sections of the policy.
Finally, the current personnel policy manual ',vas adopted by the City Council in December 1999.
Since that time it has undergone several revisions, mostly minor in nature. I recommend that in
either 2004 or 2005 the policy manual undergo a complete review by the city's personnel attorney.
Revisions may be necessary so that our policy is consistent with law changes and interpretations in
law due to recent case law. This also provides staff and the Council an opportunity to review and
update the policy to best fit the City's needs.
Action Requested
The City Council is asked to consider the two above noted changes to the personnel policy manual
with language as attached.
S:~Council~Lori~2003~personncl policy changes.doc
VACATION
Paid vacation leave is provided for regular full-time and on a prorated basis for eligible part-
time employees. ~ .... ~ .... -* ~; ..... ~ ......... ~ ...... ~- a m~nimum ~c ~,~ ~. ........
......... ;~ ...... ; ........... ~;~ according to *~ ..... ~- ~c ~ .......... ~d Eligible part
time employees hired before Janua~ 1, 2004, include employees working a minimum of 1040
hours per year. Eligible part time employees hired on or after Janua~ 1, 2004, include
re~larly scheduled part time employees who work a set, consistent schedule and who work a
minimum of for~ (40) hours per biweek& pay period and non-scheduled part time employees
who work ~ needed who work a minimum of 1560 hours per year.
..... I~;~ I~ *K~ 1 ~An K .................. * .l;.;~l. ~ ....... .1~. ~..n,,. Tem and
......... ~ .................... ~, j ............. ~ .......................... pora~
seasonal employees are not eligible for vacation benefits.
Vacation leave is accrued based on consecutive years of full-time service.
vacation leave at the following rates:
Length of Service
From start of employment through
completion of the fifth year
Beginning of the sixth year through
completion of the seventh year
Beginning of the eighth year through
completion of the ninth year
Beginning of the tenth year through
completion of the eleventh year
Beginning of the twelfth year through
completion of the thirteenth year
Beginning of the fourteenth year through
completion of the fifteenth year
Beginning of the sixteenth year through
completion of the seventeenth year
Beginning
Beginning
Beginning
Beginning
of the eighteenth year
of the nineteenth year
of the twentieth year
of the twenty first year
Employees accrue
Accrual Rate
88 working hours per year
112 working hours per year
120 working hours per year
128 working hours per year
136 working hours per year
144 working hours per year
152 working hours per year
160 working hours per year
168 working hours per year
176 working hours per year
184 working hours per year
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Beginning of the twenty second year and
thereafter
192 working hours per year
Employees must receive department head approval before taking vacation leave. Orientation Period
employees may not use vacation leave unless otherwise authorized by the City Administrator.
Employees taking more than two (2) consecutive weeks of vacation or a combination of vacation and
compensatory time must obtain prior approval from the City Administrator. The City will make every
effort to grant vacations at the time requested by the employee, but reserves the right to deny or approve
vacation schedules.
Regular full-time and regular part-time employees may carry forward ~¥om one year to the next unused
vacation time up to an amount equal to the total number of vacation days eligible for use during the
previous year.
Unused vacation time will not be paid out in wages upon termination of employment, except as provided
in the Resignation Policy above.
SICK LEAVE
Sick leave is not a privilege or vested right that an employee may use at his/her discretion. Eligible
employees may use sick leave only for the following:
Personal illness or injury;
· To attend medical and dental appointments;
· To care for sick dependents;
· To take dependents to medical and dental appointments;
· Up to five days per calendar month to care for seriously ill family members who may
not live with the employee. For purposes of this provision, "seriously ill" shall be
determined in the sole discretion of the City Administrator.
Paid sick leave is provided for regular full-time and on a prorated basis for eligible part-time employees.
Regular full-time employees accrue sick leave at a rate of eight (8) working hours for each calendar
~"~' +;~ CF,,, C~.'.~,~S ,.,l., ......Ir ,?. .......................... r'~, ] ......... 1-' ....
month.
....... t.~.: ...... ~; ..... ~ ..... ~.~. Ar ~ .......... ~r~ Eligible part time
employees hired before January 1, 2004, include employees working a minimum of 1040 hours
per year. Eligible part time employees hired on or after January 1, 2004, include regularly
scheduled part time employees who work a set, consistent schedule and who work a minimum of
forty (40) hours per biweekly pay period and non-scheduled part time employees who work as
needed who work a minimum of 1560 hours per year. Rcgalar pan tim; cmplcycca warldng !ess
+~.._ ~nan h .................. + ~;~;t,]~ r ...... x,;~, t.~_~c,. Temporary and seasonal
employees are not eligible for sick leave.
There is no limit on the amount of accrued sick time that can be accumulated and carried forward from
one year to the next.
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An employee must notify his/her immediate supervisor at least thirty (30) minutes before the start of
his/her regular start time if the employee intends to be absent from work. If an emergency prevents the
employee from notif.ving his/her immediate supervisor at such time, the employee must call his/her
immediate supervisor as soon as possible during the workday. The employee is required to keep his/her
immediate supervisor informed of his/her anticipated return to work.
An employee attempting to use sick time for reasons other than those explicitly permitted in this policy
will be subject to disciplinary action up to and including termination.
A doctor's note shall be required if an employee is absent more than four (4) days or if abuse of sick
leave is suspected by the employee's immediate supervisor, department head, or the City
Administrator. In some circumstances, an employee may be requested to submit to a medical
examination by a physician or medical facility licensed to practice medicine. In such a
circumstance, the City may select the physician and facility that will conduct the examination.
Unused sick leave will not be paid out in wages upon termination of employment, except as
provided in the Severance Pay section of this Policy Manual.
HOLIDAYS
The following holidays are observed by the City:
· New Year's Day (January 1)
· Martin Luther King's Birthday (third Monday in January)
· President's Day (third Monday in February)
· Memorial Day (last Monday in May)
· Independence Day (July 4)
· Labor Day (first Monday in September)
· Veteran's Day (November 11)
· Thanksgiving Day (fourth Thursday in November)
· Friday After Thanksgiving
· Christmas Eve (December 24)
· Christmas Day (December 25)
Regular full-time employees are eligible to receive pay for these holidays.
Eligible Regular part-time employees '"~' ...... ~' ~ ~:": ..... c ~nAn ~ ............. will receive
paid holidays on the same basis as regular full-time employees, except that holiday pay will be
pro-rated according to the number of hours worked. Eligible part time employees hired before
January 1, 2004, include employees working a minimum of 1040 hours per year. Eligible part
time employees hired on or after danuary 1, 2004, include regularly scheduled part time
employees who work a set, consistent schedule and who work a minimum of forty (40) hours per
biweekly pay period and non-scheduled part time employees who work as needed who work a
minimum of 1560 hours per year. Rcgalar part *; ..... ~ ........... ~.:.~ ~ .... h~ ~nAn t~ .....
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per year are net eligible fcr ~cliday pay. Temporary and seasonal employees are not eligible for
holiday pay.
Generally, for employees working a Monday through Friday workweek, holidays occurring on
Saturday will be observed the preceding Friday and holidays occurring on Sunday will be
observed on the following Monday. When Christmas Eve Day falls on a Saturday or Sunday, or
when Christmas Day falls on a Saturday, the City may designate one of these holidays as a
floating holiday to be taken at another time as approved by the employee's supervisor. When
applicable, special notice will be issued regarding such holiday changes.
When a holiday falls during an employee's vacation or sick leave, the employee will not be
charged with vacation or sick leave for the holiday hours; the hours will be considered holiday
leave.
Although the City prefers that employees enjoy the observed holidays, emergencies may arise.
Non-exempt employees required to work on a recognized holiday will be paid in accordance with
the Holiday Pay provisions of the most recently adopted Pay Resolution. If the Pay Resolution
does not specifically address the affected non-exempt employee or group of employees required
to work, pay shall be at one and one-half times the regular base rate for all hours worked on the
holiday, in addition to holiday pay.
Liquor store employees may be required to work certain holidays. If a regular full-time liquor
store employee works on a day designated as a holiday as listed above, the employee may take
another day (eight hours) off in lieu of the holiday. The cmployee",:' ....... :,,~ ~;,4%, .....
e ....... ,.: .... ~,:.~., ,h~, +k~ ~,^.~ is v~,., except c^. r-h~:~.~ ~.,~ Day Non-exempt
Liquor store employees will be paid at one and one-half times their regular base rate for working
the following days:
· After 4:30 p.m. on New Year's Eve;
Sunday;
· Memorial Day (when open)
· ~uly 4 (when open)
· Labor Day (when open)
· Christmas Eve Day (when open).
LEAVES OF ABSENCE
The City of Elk River (the City) provides leaves of absence according to the following policies.
Unless otherwise indicated, all leaves of absence are unpaid. An employee requesting a leave of
absence must complete a Request for Leave of Absence form. Forms for requesting a leave of
absence are available from the Finance Department. When possible, advance notice of a leave
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