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5.3. ERMUSR 08-12-2014 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. —General Manager John Dietz—Chair Al Nadeau—Vice Chair Daryl Thompson—Trustee MEETING DATE: AGENDA ITEM NUMBER: August 12, 2014 5.3 SUBJECT: Employee Handbook BACKGROUND: Annually, staff and legal counsel review the existing personnel policies incorporated into the ERMU Employee Handbook for compliance with changing labor laws. The Wage and Benefits Committee may recommend to the Commission to adopt employee benefit changes. Staff may recommend operational changes that affect the personnel policy be adopted by the Commission for incorporation into the handbook. DISCUSSION: Attached is a revised ERMU Employee Handbook reflecting the proposed changes. Staff will discuss and provide explanation for the proposed changes to the Commission during the meeting. ACTION REQUESTED: Staff recommends the Commission adopt the revised ERMU Employee Handbook. ATTACHMENTS: • Proposed ERMU Employee Handbook revisions _ POWERED 01 Page 1ofl it INATURE Reliable Public Power Provider P O W E R E D T o S E R V E 60 EMPLOYEE HANDBOOK 13069 Orono Parkway ELK RIVER, MN 55330 Office: 763-441-2020 Plant: 763-441-2212 Table of Contents RECEIPT AND ACKNOWLEDGMENT iv 1. IMPORTANT NOTICE ABOUT THIS HANDBOOK 1 GENERAL WORKPLACE POLICIES 2 2. OPEN DOOR POLICY 2 3. EQUAL EMPLOYMENT OPPORTUNITY 3 4. DISABILITY ACCOMMODATION 3 5. HARASSMENT PROHIBITED 34 Definitions of Sexual and Other Forms of Harassment 4 Scope of Policy 5 Procedure for Reporting Harassment 5 Confidentiality—No Retaliation 36 Questions About This Policy 6 6. BUSINESS CONDUCT 6 7. ETHICS, GIFTS AND CONFLICTS OF INTEREST 7 61 8. EMPLOYMENT OF RELATIVES 7 9. WHISTLEBLOWERS 78 10. WAGE INFORMATION 8 11. WEAPONS PROHIBITED g9 4442. EMPLOYEE SAFETY 9 x:13 EXPOSURE TO HAZARDOUS SUBSTANCES 910 X14. SOLICITATION AND DISTRIBUTION 10 Non-Employees 4811 Employees 4-811 Related Policies 11 44.15. ELECTRONIC COMMUNICATIONS: INTERNET,E-MAIL,AND SOCIAL MEDIA 1412 GENERAL GUIDELINES APPLICABLE TO ELECTRONIC COMMUNICATIONS, INCLUDING COMMUNICATIONS OVER SOCIAL MEDIA 4-213 BANDWIDTH CONSERVATION 4314 X16. SUPPLEMENTAL EMPLOYMENT 4-314 X17. REPORT OF PERSONNEL CHANGES 4-415 4448, ATTENDANCE -1-415 48.12 DISCIPLINE,DISMISSAL & LAY OFF 4-415 X20. JOB POSTING 4516 20:= PERFORMANCE REVIEWS 16 WAGES AND HOURS 4617 24:22. WORK HOURS AND OVERTIME X17 22:23. EMPLOYEE CLASSIFICATIONS 4718 Regular Full-Time Employee 4-718 Regular Part-Time Employee 4.7.18 Regular Field Worker 4-718 Exempt Employee 18 Non-Exempt Employee 18 Utilities Manager 4-819 Temporary Worker 4$19 23.24• TIME REPORTING POLICY 4-819 it April 2013 August 2014 62 General Policy 4419 Recording Time 4419 Frequency 4-420 Ensuring Accuracy 4920 34.25. CALL OUT TIME: REGULAR FIELD WORKERS 3021 326. ON-CALL 3821 Regular Field Workers 3821 Other On-Call Arrangements 2223 26;27, ELECTRIC RE-CONNECT TIME 2324 27.28, STORM PAY 3324 28.29, LEAD PAY DIFFERENTIAL 3425 3930. PAYCHECK DEDUCTIONS 2425 3&31. PAYCHECKS 2425 X32, NIGHTWORK REST TIME 2526 33. TRAVEL AND TRAINING TIME 26 BENEFITS 2527 32.34. GENERAL BENEFITS 2527 33:35. VACATION X27 34:36. PAID SICK LEAVE 3728 3537. PAID HOLIDAYS 2429 36;38, EMPLOYEE CLOTHING 3830 339. HEALTH CARE SAVINGS PLAN 2931 38.44 . 457 DEFERRED COMPENSATION 3032 3941, HEALTH INSURANCE COVERAGE 3032 40;42, DENTAL INSURANCE 3032 4443, LONG-TERM DISABILITY 3432 ill April 2013 August 2014 63 43:44. LONG TERM CARE INSURANCE 31-33 434 LIFE INSURANCE 333 44:46. EDUCATIONAL ASSISTANCE 734-33 LEAVES OF ABSENCE 3234 43:47. PARENTING LEAVE 3235 46:48 MINNESOTA SICK FAMILY MEMBER OR CARESAFETY LEAVE POLICY 33 35 4-749, SCHOOL ACTIVITIES LEAVE POLICY 3336 48:51 BONE MARROW AND ORGAN DONATION LEAVE 3336 49-51, NATIONAL GUARD AND RESERVE LEAVE 3437 50.52. MILITARY LEAVE FOR UNIFORMED SERVICE 3437 51,51 JURY/WITNESS DUTY LEAVE 3538 52-54. PERSONAL LEAVE DAY 3538 53,55. BEREAVEMENT LEAVE 3-538 54:56. GENERAL LEAVE 3539 33:51 VOTING LEAVE; SERVICE AS ELECTION JUDGE 3639 RECEIPT AND ACKNOWLEDGMENT 40 iv April 2013 August 2014 64 RECEIPT AND ACKNOWLEDGMENT (EMPLOYEE REFERENCE COPY) By signing this receipt, I acknowledge that I have received a copy of the Elk River Municipal Utilities Employee Handbook (the "Handbook"). This Handbook and the policies contained or referenced in the Handbook supersede and replace previously-issued handbooks, contrary oral or written statements of employment policy, and contrary employment practices. I understand that the Employee Handbook may be amended at any time, with or without notice. I understand that I do not have a protected property interest in my employment with the Utilities. I also understand that neither this Handbook nor any provision in it creates a contract of any kind between the Utilities and me. I acknowledge that it is my responsibility to become and remain informed about the employment policies and practices of the Utilities and to abide by the rules, regulations, standards and policies of the Utilities, including those contained in this Handbook. I also understand that any violation by me of the Utilities' rules,regulations,policies,practices, or standards is just cause for discipline, up to and including termination of my employment. Date Print or Type Name Employee Signature v April 2013 August 2014 65 1. IMPORTANT NOTICE ABOUT THIS HANDBOOK This Employee Handbook sets forth general policies of the Elk River Municipal Utilities (the "Utilities") and is intended to help you get to know the Utilities and your responsibilities. The Handbook applies to all Utilities employees. The Utilities Commission shall, in accordance with its statutory responsibility to manage the Utilities, be responsible for the maintenance and periodic revision of personnel policies, the Utilities' personnel program, and this Handbook. The Utilities is committed to complying with all applicable law. If it comes to the attention of the Utilities that any provision of this Handbook is inconsistent with applicable law, the Utilities will comply with applicable law. Each employee of the Utilities is responsible to become and remain informed about the employment policies and practices of the Utilities and to abide by the rules, regulations, standards and policies of the Utilities, including those contained in this Handbook. This Handbook is designed to answer basic questions about the Utilities' employment policies and procedures and to serve as a resource when you may need information. This Handbook cannot cover every situation, and the Utilities reserves the right to interpret and apply this Handbook and to address each situation as it determines appropriate. If you have any questions about the information in this Handbook,or if the Handbook does not appear to address your concern, please contact your immediate supervisor, another Utilities manager, or the Utilities' Human Resources Representative. (The Utilities has arranged with the City of Elk River for Human Resources services. The Utilities' Human Resources Representative can be found in the City of Elk River's Human Resources Department.) No employee has a protected property interest in his or her employment with the Utilities, and nothing in or about this Handbook creates a contract of any kind between the Utilities and any Employee. Violation of the Utilities'rules,regulations,policies,standards or practices is just cause for discipline, up to and including termination of employment. 1 April 2013 August 2014 66 GENERAL WORKPLACE POLICIES 2. OPEN DOOR POLICY During your employment with the Utilities you may have certain concerns, such as an issue, suggestion,complaint,or question,about your job,your working conditions or some related matter. We strongly encourage you to raise any such concerns to Utilities management, so that we will have the benefit of your input on the matter and you will have the benefit of our best efforts to address any concerns you might have. In addition, you are required to report any conduct in the workplace or related to the Utilities that you believe is illegal, and to ask questions if you are not sure whether any particular conduct is legal or appropriate. Please also see the discussion under the Whistleblower Policy in this Handbook. Anyone who fails to report a known or suspected violation of law, regulation or internal policy may be considered to have committed an equally serious violation. That individual may be subject to corrective and/or disciplinary action,up to and including discharge. Under this Open Door Policy, we ask that you first raise any concern about your employment or the workplace with your immediate supervisor, if possible, and follow the steps below to have your concerns addressed. (Please note that issues of harassment should be addressed in accordance with the Utilities' Harassment Policy in this Handbook.) 1. If you have any concern about any aspect of employment with the Utilities or with the Utilities' business,please voice your concerns to your immediate supervisor as soon as possible. In most cases your immediate supervisor will be the person in the best position to address your concerns. The supervisor and the Utilities will make every effort to keep the matter confidential to the extent possible within the confines of the rights and obligations of you and the Utilities. 2. If for some reason you are not comfortable discussing your concerns with your immediate supervisor, choose another Utilities manager with whom to discuss your concerns. Again, he/she will make every effort to keep the matter confidential to the extent possible. 3. Alternatively, or in addition, you may feel free to contact the Utilities' Human Resources Representative. The Utilities has arranged with the City of Elk River for Human Resources services; the Utilities' Human Resources Representative can be found in the City of Elk River's Human Resources Department. The Utilities strictly prohibits retaliation or reprisal of any kind against an employee who makes a good faith report regarding a known, or suspected,violation or concern regarding any law. 2 April 2013 August 2014 67 3. EQUAL EMPLOYMENT OPPORTUNITY The Utilities pledges its best efforts to avoid discrimination against any employee or applicant for employment because of race, color, creed, religion, sex, age, national origin, sexual orientation,marital status, familial status, genetic information,veteran status, status with regard to public assistance, disability, status as a patient enrolled in the state of Minnesota medical marijuana re•istrsro•ram or an enrolled s atient's s ositive dru• test for marijuana, or any other status protected by state or federal law. The Utilities prohibits discrimination against and harassment of any employee or job applicant on the basis of protected class status. Employees who participate in discrimination in violation of this Policy are subject to discipline up to and including termination. Retaliation against any employee for making a good faith complaint under this Policy or for assisting with investigations of complaints made under this Policy is also strictly prohibited. Any person who feels that he/she has experienced discrimination or harassment in violation of law and/or this Policy should immediately contact his/her supervisor, the Human Resources Representative, and/or any Utilities manager. Any manager or Director who receives a report under this policy is required to communicate the matter to the Human Resources Representative immediately. 4. DISABILITY ACCOMMODATION The Utilities eeksis committed to prevideproviding reasonable accommodation, as appropriate,for qualified employees who have disabilities and for health conditions related to an eligible employee's pregnancy, child-birth, or related health conditions. An employee who believes that he or she requires an accommodation due to a disability pregnancy or child birth in order to perform the essential functions of his or her position should so advise his or her immediate supervisor, another Utilities manager, or the Human Resources Representative. We ask that this request be made in writing. On receipt of a reasonable accommodation request, the Utilities will engage in an interactive s rocess with the em lo ee to determine if the em to ee is entitled to a reasonable accommodation and if one can be granted without creating an undue hardship for the Utilities. The Utilities reserves the right to request medical or other certification of the need for the accommodation in accordance with applicable law. Retaliation against any individual for making a good faith complaint under this Equal Employment Opportunity/Disability Accommodation policy, for opposing discrimination, or for participating in an investigation of any claim regarding discrimination or disability accommodation is strictly prohibited. 3 April 2013 August 2014 68 If you feel that you have experienced such retaliation, you should follow the Reporting Procedure outlined above in the Open Door Policy. Any manager or Director who receives a report under this policy is required to communicate the matter to the Human Resources Representative immediately. 5. HARASSMENT PROHIBITED All Utilities employees have a right to work in an environment free from discrimination and intimidation, including harassment. The mission of the Utilities is best accomplished in an atmosphere of professionalism that in turn is supported by mutual respect and trust. The Utilities expects all employees to work toward this goal. Harassment based on a person's race, color,creed,religion,national origin, sex, sexual orientation,disability, age, marital status,genetic information, status with regard to public assistance,veteran status or any other protected class status may be unlawful and is strictly prohibited by the Utilities. Definitions of Sexual and Other Forms of Harassment Harassment consists of unwelcome conduct based on a person's race, color, creed, religion, national origin, sex, sexual orientation, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, or any other protected class status that is interfering with your job performance, or creating an intimidating, hostile, or offensive work environment; or when submission to such conduct is: • a condition of employment; or • a basis for an employment decision affecting your job. One form of prohibited harassment is sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature that is interfering with your job performance, or creating an intimidating, hostile, or offensive work environment; or when submission to such conduct is made: • a condition of employment; or • a basis for an employment decision affecting your job. The Utilities prohibits sexual harassment of any type and in any form, including verbal, physical, and visual harassment. Some examples of conduct that may be sexual harassment include: • use of offensive or demeaning terms that have sexual connotations; • telling suggestive jokes or stories and conversations about sexual exploits, sexual preferences, and desires; 4 April 2013 August 2014 69 • jokes, cartoons, pictures, objects or stories that have a sexual content; • threats, demands or suggestions that an employee's work status, advancement or other terms and conditions of employment are contingent upon the employee's toleration of or acquiescence to unwelcome sexual advances; • repeated, unwelcome sexual flirtations, propositions, or invitations to social engagements; or • unwelcome and objectionable physical contact or physical proximity. Scope of Policy The Utilities prohibits harassment of any type or form. This policy prohibits same sex harassment as well as harassment by members of the opposite sex. In addition,this policy prohibits sexual harassment and any other form of harassment by any individual,including Utilities managers, employees, co-workers, and third parties such as clients, elected officials, consultants, contractors or vendors who deal with the Utilities' employees. Procedure for Reporting Harassment The Utilities wants to resolve any problems,but it can do so only if it is aware of them. The Utilities encourages any individual who believes he/she is being harassed to report any and all incidents of perceived harassment. If at any time you feel you are being harassed, you should immediately contact: your supervisor; and/or another Utilities manager (including any superintendent of the Utilities or other representative as defined in Section 22 of this Handbook); and/or the Human Resources Representative (at the City of Elk River). Any Utilities manager or other person who receives a report under this policy is required to communicate the matter to the Human Resources Representative immediately. Your report of harassment may be oral or written; in either case, it is important that you state that your report is being made under this harassment policy, or that it concerns harassment. You may choose to whom you make the report;that choice,however,must be made from the list of individuals named above. The Utilities will promptly investigate harassment complaints as appropriate, and take other appropriate action. Any person who is found to have committed prohibited harassment will be subject to corrective action up to and including termination. 5 April 2013 August 2014 70 Confidentiality—No Retaliation The Utilities will strive to protect the confidentiality of information the Utilities receives pursuant to this policy to the extent feasible and to the extent permitted by law. Retaliation against any individual for making a good faith complaint under this policy, for opposing harassment, or for participating in an investigation of any claim regarding harassment or inappropriate behavior is strictly prohibited. If you feel that you have experienced such retaliation, you should follow the Reporting Procedure outlined in this policy. Questions About This Policy Any questions about this policy or any related matter should be referred to the Human Resources Representative or any Utilities manager. 6. BUSINESS CONDUCT In accepting employment with the Utilities, employees become its representatives to the public and are responsible for assisting and serving the customers for whom they work. An employee's primary responsibility is to serve the customers of Elk River Municipal Utilities. The values of Elk River Municipal Utilities - ethics, open and honest communication,maintaining a positive workplace for employees, and serving customers— must guide our daily business activities. We strive for and take individual responsibility for ethical behavior— not only because it is the right thing to do, but also because it is a fundamental value in public services. Unacceptable conduct consists of any act or omission that, in the business judgment of Elk River Municipal Utilities, significantly departs from expected standards of behavior affecting the workplace. Some examples of unacceptable conduct include, but are not limited to: 1. Not performing assigned duties to the best of the employee's ability at all times. 2. Not rendering prompt and courteous service to customers and the public at all times. 3. Not maintaining courtesy and professionalism towards other employees. 4. Unauthorized possession of Utilities property. 5. Falsifying timekeeping records or any other Utilities records. 6. Violating the Utilities' work rules regarding alcohol and illegal drugs. 7. Violating the Utilities' rules regarding Electronic Communications. 8. 7,Fighting or threatening violence in the workplace. 9. .8—Negligence or improper conduct leading to damage of employer-owned or customer-owned property. 10. 9—Insubordination or other disrespectful conduct, including failing to respond to warnings or directives to improve conduct or performance. 11. Violation of safety or health rules. 6 April 2013 August 2014 71 12. 4.4-Sexual or other unlawful or unwelcome harassment. 13. 4-2Unauthorized possession of firearms or any object that could be considered a dangerous weapon(or other violation of the Utilities' weapons policy). 14. 4Excessive absenteeism or any absence without reasonable notice. 15. 4Unauthorized disclosure of business secrets or confidential information. 16. 4-S-Misuse of Utilities resources. 17. 16. Any other behavior unacceptable to Utilities management or any conduct inconsistent with the policies in this Handbook or the rules, practices or standards of the Utilities. All employees have a personal responsibility to report any behaviors or practices that may constitute unacceptable conduct under this policy. Such conduct may risk our future success. If you have any concerns or questions, discuss them with the Human Resources Representative, your supervisor or any Utilities manager. These concerns will be treated confidentially(to the extent possible)and with high priority. 7. ETHICS, GIFTS AND CONFLICTS OF INTEREST Utilities employees shall not use their official position for personal gain, engage in any business or transaction or have a financial interest, direct or indirect, which is in conflict with the proper performance of their official duties. Utilities employees must scrupulously avoid any activities that suggest a conflict of interest between their private interests and Utilities responsibilities. Employees shall not accept, either directly or indirectly, any money, property, gift, gratuity, reward, loan, fee, discount, or special consideration or special accommodation from any vendor or potential vendor to the Utilities or the City of Elk River, or that arises from or is offered because of their employment or any activity connected with their employment with the Utilities. 8. EMPLOYMENT OF RELATIVES It is generally the policy of the Utilities not to employ relatives or cohabitants of current employees or Utilities Commissioners. The purpose of this policy is to prevent conflicts of interest, the appearance of such conflicts, undue influence over an individual's employment, and distraction from workplace productivity and safety. Occasional exceptions may be made to this general policy for legitimate business reasons in the discretion of the Utilities; provided, however, that in no event will relatives or cohabitants be permitted to be in a direct reporting relationship at the Utilities. "Relative"for purposes of this policy includes parent, marital or non-marital domestic spouse, sibling, child and step-child, grandparent, grandchild, parent-in-law, a person for whom the employee is a legal guardian, first cousin, sibling-in-law, son/daughter-in-law, niece/nephew, and aunt/uncle. 7 April 2013 August 2014 72 9. WHISTLEBLOWERS Pursuant to Minn. Stat. § 181.932, Elk River Municipal Utilities will not discharge, discipline, threaten, or otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because: a. The employee, or a person acting on behalf of any employee, in good faith, reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to the Utilities or to any governmental body or law enforcement official; b. The employee is requested by a public body or office to participate in an investigation, hearing, inquiry; or c. The employee refuses the Utilities' order to perform an action that the employee has an objective basis in fact to believe violates any State or Federal law or rule regulation adopted pursuant to law and the employee informs the Utilities that the order is being refused for that reason. The Utilities will make reasonable efforts to preserve as confidential the identity of an employee making a report under this policy to the extent feasible and consistent with applicable law. Any Utilities manager who receives a report under this policy is required to communicate the matter to the Human Resources Representative immediately. Employees shall not make any statements or disclosures pursuant to this section knowing that they are false or that they are in reckless disregard of the truth. This section does not permit disclosures that would violate federal or state law or diminish or impair the right of any person to the continued protection of confidentiality or communications provided by common law. 10.WAGE INFORMATION Employees working for the Utilities, or living in Minnesota have the right, under Minn. Stat. f 181.172 to choose to disclose their own wa•es and to discuss another emnlo ee's wages that have been voluntarily disclosed by that employee. In addition. re•ardless of location em.lo ees who are not mana•ers or su ervisors also have these ri'hts. An em.lo ee does not however have the ri•ht to disclose to a com.etitor of the Utilities or to any other .erson an wa:e information regarding other emnlo ees of the Utilities that he or she has learned in the course of performing job duties that involve access to confidential and private information about employees. The Utilities shall not re•uire an em.lo ee to a•ree to •ive us his or her wa•e disclosure rights as a condition of employment to si•n any document that purports to den an employee his or her wa•e disclosure ri'hts, or take any retaliator or other adverse em.lo ent action a•ainst an em.lo ee for exercisin• his or her wa•e disclosure ri•hts. 8 April 2013 August 2014 73 A co• of Minn. Stat. •181.172 can be obtained from Human Resources. •181.172 permits a civil cause of action for a violation of the statute and,in any such action,the court ma_ if found a.sro.riate order 'ob reinstatement back sa restoration of lost service credit and the ex.un.ement of adverse records. H. WEAPONS PROHIBITED Elk River Municipal Utilities prohibits all employees from carrying or possessing firearms or other weapons while acting in the course and scope of their employment for the Utilities. Carrying or possessing firearms or weapons in Utilities vehicles is also prohibited. This policy extends to any situation in which employees are acting in the course and scope of their employment including while utilizing personal vehicles or attending work-related training. However, it is not a violation of this policy to lawfully carry a firearm in a personal vehicle that is lawfully encased and secured. Employees may be disciplined for violations of this policy up to and including termination of employment. A narrow exception is made to this policy, which is applicable only in connection with attendance at the Minnesota Municipal Utilities Underground School ("MMUA Underground School") or the Minnesota Municipal Utilities Overhead School ("MMUA Overhead School"). Both of these events are held at the MMUA Training Center in Marshall, MN. An employee is not prohibited from carrying or possessing a firearm or other appropriate weapon in a situation where, in connection with his or her Utilities employment, the employee is using a Utilities vehicle while attending MMUA Underground School or MMUA Overhead School --- if and only if the employee's participation in the MMUA Underground School or MMUA Overhead School includes a hunting or target-shooting activity, and provided that the employee is otherwise lawfully permitted to carry and possess a firearm. This exception applies only for the duration of the specific MMUA event and the period of the employee's travel to and from the event. 44:12. EMPLOYEE SAFETY Safety is of paramount importance to the Utilities. All employees and managers must follow the regulations and laws of the State of Minnesota and rules of the Utilities governing the safety of employees and the public. If employees have questions or concerns about issues affecting safety, they should immediately discuss them with their supervisor, any Utilities manager, the Human Resources Representative, or the relevant public safety authority. Employees are required to report accidents resulting in personal injuries and/or vehicle, equipment, or property damage to their supervisor immediately. 9 April 2013 August 2014 74 Personal Injuries. Immediately report to your supervisor all accidents and injuries occurring within the course of your employment. The supervisor shall submit a First Report of Injury and a Supervisor's Report of Injury Form to the Human Resources Representative within twenty-four(24)hours of receiving such report from you. - Vehicle, equipment, or property damage accidents. Immediately report to your supervisor all damage to Utilities property. The supervisor should submit documentation regarding the incident to the Utilities' Office Manager within twenty-four(24)hours of the time of the damage or accident. A copy of the Minnesota Motor Vehicle Accident Report must be submitted for all vehicle accidents. The Utilities will provide necessary safety equipment to employees. This may include: • One pair of safety glasses at the time of employment. The employee shall provide the correct prescription for the safety glasses. • The Utilities will pay the cost of new safety lenses, upon a change in the prescription. If needed, frames will be replaced every four yearaas needed contingent upon supervisor approval. • Safety glasses that are broken or damaged while the employee is on the job will be replaced by the Utilities. 4-113. EXPOSURE TO HAZARDOUS SUBSTANCES Any employee routinely exposed to hazardous substances or harmful physical agents as defined in the Minnesota Employee Right to Know Act (MINN. STAT. § 182.675) shall be trained before being assigned or reassigned work exposing the employee to such substances or agents and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the work place, how the hazards are labeled, and where to obtain specific information. The supervisor(or other designated employee) shall provide for such training and for compliance with the Minnesota Employee Right to Know Act, including the establishment of specific policies to insure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. 1314. SOLICITATION AND DISTRIBUTION The Utilities intends to establish and maintain a safe and productive business environment and to prevent interference with the work of its employees. This policy prohibits solicitation and the distribution of literature on Utilities property by non-employees. In addition, this policy addresses the limited circumstances under which solicitation and the distribution of literature on Utilities property by employees will be permitted, and it 10 April 2013 August 2014 75 addresses the wearing and display of items, posting material on Utilities bulletin boards, and certain uses of the Utilities' computer, email, and other resources. The term solicitation means any oral or electronic communication that encourages, advocates, demands, or requests any position or action or contribution of money, time, effort, personal involvement or membership in any organization or the sale or purchase of any merchandise or service. The term distribution means posting, handing out, or otherwise distributing any written material in hard copy. Non-Employees Non-employees of the Utilities are strictly prohibited from engaging on Utilities premises in: i) trespassing; ii) the solicitation of any person; and iii) the distribution of any written material. Any violation or attempted violation of this policy by a non-employee should be reported immediately to the on-site supervisor. Employees Employees are prohibited from solicitation, for any purpose, during the working time of any employee involved in making or receiving the solicitation. Employees are prohibited from distribution of written material in any work area at all times. Employees are also prohibited from distributing written material anywhere during the working time of any employee actively engaged in the distribution. This policy does not prohibit an employee from performing solicitation or distribution in a non-work area on behalf of a third party that is not engaged in commercial, for-profit, or political activity, provided the employee has received the advance approval of the on-site supervisor to engage in such solicitation or distribution. Related Policies • Utilities Bulletin Boards. The Utilities in its discretion may permit employees to distribute written material by posting on Utilities bulletin boards in accordance with this policy,provided that any material for such posting must be reviewed and approved in advance by a Utilities manager, who may consult with the Human Resources Representative before making a decision whether or not to allow the posting. • Solicitation and Distribution on Utilities Computer and E-Mail Systems. Employees and non-employees are prohibited from using Utilities computer systems and other property and resources, including the Utilities e-mail system, for solicitation or distribution, except in connection with a Utilities-sponsored 11 April 2013 August 2014 76 activity or, with advance approval of the on-site supervisor, on behalf of a third party that is not engaged in commercial, for-profit, or political activity. Violation of This Policy By an Employee Any employee in violation of this policy will be subject to disciplinary action up to and including discharge. 44.15. ELECTRONIC COMMUNICATIONS: INTERNET, E-MAIL, AND SOCIAL MEDIA This policy covers all types of electronic communications. All Utilities computers, software, servers, computer systems, cell phones and telephone systems and other electronic services arranged for by the Utilities("Electronic Communications Systems"or "ECS") are the property of the Utilities and are intended and expected to be used for Utilities business. While occasional use of these systems for personal, non-business use is acceptable, employees must demonstrate a sense of responsibility and may not abuse such privileges. Communications of any kind by a Utilities employee over the Utilities' ECS, whether work-related or personal, is subject to monitoring and review by the Utilities at any time, with or without notice or permission. Employees should have no expectation of privacy in the use of these systems. The use of passwords on these systems does not mean that messages stored on them are private or confidential, either from the Utilities or others. This policy covers all usage and communications by employees in,on or over the Utilities' Electronic Communications Systems, including e-mail, voice-mail, Internet and social media, whether such usage or communications are from the Utilities' offices or from a remote location. This policy also covers electronic communications not done in, on, or over the Utilities' ECS but in which the employee identifies himself or herself as a Utilities employee. Violations of this policy may result in discipline, up to and including termination. All communications sent by employees over the Utilities' ECS must be respectful in tone and professional. Communications over the Utilities' ECS may not be used for transmitting, retrieving or storing any communications of a discriminatory or harassing nature, derogatory to an individual or group, obscene, or which are of a defamatory or threatening nature. Such communications should not be used for"chain letters"or for any purpose which is illegal or against Utilities policy. Employees must respect other people's electronic communications. Employees may not obtain unauthorized access to another's e-mail or voice-mail messages, except pursuant to direction from a Utilities manager for the purposes specified above. Employees may not use the e-mail or voice-mail systems in a way that causes congestion on the systems or that significantly interferes with another employee's ability to use the systems. 12 April 2013 August 2014 77 GENERAL GUIDELINES APPLICABLE TO ELECTRONIC COMMUNICATIONS,INCLUDING COMMUNICATIONS OVER SOCIAL MEDIA • In general,the Utilities encourages the use of e-mail and other available electronic communications with residents, consultants, and others as a means of providing services more effectively and efficiently. Internet e-mail is provided and is intended for the Utilities' business use. • Tact counts. • Humor might not work. Attempts at humor in electronic communications are especially difficult to carry off successfully, so be careful and"when in doubt,leave it out." Take extra steps to make your intent clear in written communications. • Never gossip, don't provide confidential personal information about yourself or someone else, and refrain from emotional responses. • Do not communicate with residents, consultants or others using e-mail without first obtaining their consent to email communication. Employees at all times must use discretion in communicating sensitive information and should select communications methods that will protect the confidential and/or sensitive nature of such information. • Communications over the Utilities' ECS may be identifiable and attributable to the Utilities ompioyes was sanding a letter on . Do not send electronic communications that you would not send, or would not be authorized to send, over Utilities letterhead. • The Utilities' ECS may not be used to participate in social media or other electronic forums except for approved Utilities business, professional development, or business development purposes. • The Utilities' ECS may not be used to access pornographic or obscene material or other offensive or inappropriate content. • Internet access is provided primarily for you to retrieve information. Do not use the ECS to post information, comments or statements, except for prior-approved Utilities business, professional development or Utilities business development purposes. • An Internet site may request information about you in order to build a user profile or mailing list. Refuse any such requests when using the Utilities' ECS. Respond "no"to any suggested download, upgrade, or enhancement of software. Do not make any purchases or access a web site that charges a fee, except for approved Utilities business purposes. 13 April 2013 August 2014 78 • Employees may not send electronic communications over the ECS that attempt to hide the identity of the sender or that represent the sender as someone else or someone from a different Utilities or a company. • Employees must respect all copyrights and intellectual property rights of others' materials, and may not copy, retrieve, modify or forward copyrighted, patented or trademarked materials except as permitted by the owner or as a single copy for reference use only. • Internet and other ECS usage is not confidential. The Utilities receives detailed monthly reports on Internet usage by individual employees and the Utilities' software tracks each Internet site you visit. BANDWIDTH CONSERVATION The Utilities uses the Internet for a number of key Utilities functions. To ensure sufficient bandwidth to perform these functions, the Utilities has implemented a variety of bandwidth conservation measures. These measures include blocking websites that have no instructional or administrative value. Employees may not use Internet radio stations for casual listening and/or background music. Employees may not download music or video files from the Internet. Employees who violate any of the guidelines may be subject to disciplinary action including, but not limited to, written warnings, revocation of access privileges and termination of employment. 416. SUPPLEMENTAL EMPLOYMENT The Utilities does not restrict employees from engaging in outside employment. However, the Utilities expects regular full-time employees to consider Utilities work their primary employment. No Utilities employee may engage in outside employment that interferes with the performance of his/her duties with the Utilities, that represents a conflict of interest, or that may influence or bias an employee's job related decision making ability. The Utilities will not change an employee's work hours to facilitate the scheduling of any outside employment. If a supervisor believes an employee's outside employment is detrimental to the Utilities and his/her position, the employee may be asked to discontinue the outside employment. If an employee is asked to discontinue outside employment and fails to do so,he/she may be subject to discipline up to and including termination. 1617. REPORT OF PERSONNEL CHANGES The Utilities attempts to maintain complete and accurate personnel information on its employees. It is the responsibility of each employee to notify the office of the Utilities when changes occur, including: 14 April 2013 August 2014 79 • Name(through marriage or otherwise); • Address; • Beneficiaries for life insurance and retirement; • Telephone number; • Person to contact in case of emergency; or • Other changes which may affect benefits coverage. 1-71 . ATTENDANCE Regular attendance is an essential function of every job with the Utilities. Every Utilities employee has an important role to play in maintaining a productive workplace. Therefore, it is essential that all employees report to work as scheduled every day. Unsatisfactory attendance, including reporting late to work and leaving work early may result in disciplinary action up to and including discharge. If an employee must be absent from work for any reason, other than approved time off,the employee must notify his/her immediate supervisor at least thirty(30)minutes prior to the start of his/her normal working hours. If an emergency prevents the employee from notifying his/her supervisor at such time, the employee must call his/her immediate supervisor as soon as possible during the workday. 4&19. DISCIPLINE,DISMISSAL & LAY OFF Discipline. The Utilities retains the right to take disciplinary and other action as it believes appropriate to manage employee performance and workplace conduct. The type and level of discipline imposed will be at the Utilities' discretion based upon the nature and severity of the issue and the circumstances as a whole. Examples of discipline and other action that may be taken to manage performance and workplace conduct include,but are not limited to: 15 April 201.3 August 2014 80 • Documented Coaching and Counseling • Oral reprimand • Written reprimand • Performance Improvement Plan • Suspension • Demotion • Termination. Discipline and other action may be used in any order or combination in the discretion of the Utilities. In some cases, one or more disciplinary actions will be taken before termination; in other cases, termination will be immediate. While the Utilities strives for consistency, the level of discipline taken in any given case does not establish a controlling precedent for future circumstances. Probation and Dismissal. All new employees shall be on probation for a period of one hundred eighty(180)days. Continued employment during this period shall rest solely with the discretion of the Utilities Commission. After that period, the employee shall attain regular status subject to the following: Employees on regular status may be dismissed only for cause, which may include, but is not limited to, the following: Conduct in violation of or inconsistent with Utilities policy, including but not limited to any and all policies set forth in this Handbook; conduct or language that is improper or inappropriate in the discretion of the Utilities; insubordination;failure to do the work assigned in a manner satisfactory to the Utilities; dishonesty or stealing; and the sale, transfer of or possession, or being under the influence, of intoxicating beverages or controlled or mood altering substances while on the job. Layoff/Reduction in Force. The Utilities reserves the right and sole discretion to eliminate positions and/or reduce the hours associated with a position for any legitimate business reason, with or without cause. 4%20. JOB POSTING As position vacancies occur at the Utilities,the position's job description will be posted in a prominent location to inform employees of the vacancy. Employees that wish to be considered for the position are encouraged to contact the appropriate decision-maker(s) indicated on the posting. The Utilities may also advertise the vacancy to attract external candidates. The Utilities retains all its managerial rights and has the sole discretion to decide which candidate is best qualified to fill a vacant position,whether or not the candidate is a current Utilities employee. 16 April 2013 August 2014 81 3&21. PERFORMANCE REVIEWS An employee's immediate supervisor or department head normally will conduct a performance review on an annual basis. Employee performance, however, may be coached or reviewed formally or informally at any time. Performance reviews are an opportunity for employees, management, and the Utilities to assess an individual's job performance and to assure the continuing improvement of every employee's performance. The performance review system is designed to: • Ensure that quality services are provided to the public at the least possible cost; • Motivate and develop employees to their fullest potential; • Clarify roles and mutual expectations of supervisors and employees; • Promote open and ongoing communication between employees at all levels, including feedback from subordinates to supervisors; and • Assist in determination of whether employees are meeting the performance standards for their position. The performance review will usually be documented in writing as well as delivered orally to the employee in person. Completed performance review forms should be signed by the employee and the supervisor or other Utilities manager or representative delivering the review to the employee. These completed forms are generally maintained in the employee's personnel file. WAGES AND HOURS 24-.22. WORK HOURS AND OVERTIME For purposes of timekeeping and overtime calculations, the regular workweek at the Utilities runs from Tuesday through Monday. Non-exempt employees are paid on the basis of hours worked. Exempt employees are paid on a salary basis; their compensation is not based on the number of hours they work. All non-exempt employees will be paid for their time worked in excess of forty(40)hours during the workweek (Tuesday — Monday) at a rate of one and one-half times the employee's regular rate of pay. In addition, regular field workers will be paid for regular work performed in excess of eight(8)hours in a day at a rate of one and one-half times the 17 April 2013 August 2014 82 employee's regular rate of pay. Two times a non-exempt employee's regular rate will be paid for time worked on Sundays and designated Holidays. Exempt employee The eight hour and double time srovisions above do not a..1 to travel and trainin. time sent awa from the red lar workplace but the fort hour overtime .a_.rovision does a..l in all cases where an employee is engaged in activity related to and/or required in connection with his or her Utilities employment. Exempt employees are salaried and do not receive overtime. 223. EMPLOYEE CLASSIFICATIONS The following definitions are provided to assist employees in understanding their employment classification and benefits eligibility. Although employees generally will be classified as one of the following,they should be aware that their classification may change at any time as the Utilities considers appropriate. All employees are designated as either non-exempt or exempt from federal and state wage and hour laws. Non-exempt employees are covered by specific provisions of the wage and hour laws, including overtime pay. Exempt employees are excluded from specific provisions of the wage and hour laws, including the overtime provisions. Generally, exempt employees are engaged in managerial, professional, administrative, or executive positions and are paid on a salaried basis. It is our policy to fully comply with federal and state wage and hour laws. In keeping with this commitment,we will pay exempt employees their full salary(or salary plus vacation to equal the amount of the full salary) for any workweek in which they perform work, regardless of the number of days or hours worked, subject only to deductions that are permitted by law. Full day deductions from pay that are permitted by law include, for example,deductions for personal time off, sick days before or after eligibility for paid sick leave,or for infractions of written workplace conduct rules including but not limited to any rule or policy set forth in this Handbook. Full or partial day deductions may be made from the salaries of exempt employees for infractions of safety rules of major significance and in certain other limited circumstances. Employees are classified according to the following definitions: Regular Full-Time Employee. A regular full-time employee typically works 40 or more hours per week, and is not classified as a temporary worker. Regular Part-Time Employee. A regular part-time employee typically works fewer than 40 hours per week, and is not classified as a temporary worker. Regular Field Worker. An employee whose regular assigned position involves performing a significant portion of his or her work outside of the Utilities' physical facilities. 18 April 2013 August 2014 83 Exempt Employee. An employee whose duties result in exclusion of the employee's work from coverage under the minimum wage and/or overtime provisions of the wage and hour laws. Non-Exempt Employee. An employee whose duties result in coverage of the employee's work under the minimum wage and/or overtime provisions of the wage and hour laws. Utilities Manager. Any employee of the Utilities, or other individual identified by the Commission, who is a Utilities supervisor, superintendent, manager, director, representative or other individual who is generally identified to employees by Utilities policy, practice or communication as having managerial, supervisory, or administrative authority to act on behalf of the Utilities,regardless of whether such authority is limited or subject to the authority of others in the Utilities' organizational structure. Temporary Worker. A temporary worker typically is hired for a specific period of time. Generally, temporary workers are hired as interim replacements, to supplement the work force, and/or to assist with specific projects. Temporary workers often will be informed of an estimated duration of their assignment, although either the worker or the Utilities may end the work relationship at any time. Temporary work that continues beyond an estimated duration in no way implies a change in the worker's status. Temporary workers retain their temporary status unless and until they are specifically notified by the Utilities of a change. 224. TIME REPORTING POLICY General Policy The goal of the time reporting system is the accurate and timely reporting of time worked (by job or account)and time off(by category). This is essential for(1)ensuring labor costs are properly reported, (2) monitoring actual performance against budgetary goals, and(3) guaranteeing that employees are paid correctly and that their leave accumulations are accurate. Each employee is responsible for his or her own personal time reporting, and each supervisor is responsible for reviewing the employee's compliance with this time reporting policy. Recording Time Non-exempt employees are required to record the following on their timecard: • Amount of Time Worked in increments of one-quarter hour; 19 April 2013 August 2014 84 • Description of the time worked; • Account to be charged (accounting system designation); and • Work order(as appropriate). The description of the time worked is to document for accountability purposes how the employee's work time was spent. Work orders are utilized for specific projects that track time and labor for billing purposes, capitalization projects, or the installation and repair of security systems. Frequency Non-exempt employees are required to fill out their timecards daily. It is preferred that employees fill out their timecards at the end of each completed work day, but timecards may be completed within the first hour of arriving at work on the subsequent work day. This is not intended to conflict with payroll deadlines for paperwork. Timecards will be checked periodically throughout the pay period for completeness and accuracy. Timecards must be made available for review/audit upon request by the employee's supervisor. Ensuring Accuracy Non-exempt employees are responsible for and must take steps to ensure the accuracy and completeness of time reporting data collected. When a non-exempt employee submits or a supervisor approves time reporting data, he or she is attesting to the accuracy of the data. Knowingly submitting or approving inaccurate time reporting data is a violation of policy and may subject the person to disciplinary action. Special Note About Work Performed Outside of Scheduled Times and Places Each non-exempt employee must accurately record and properly report all time spent performing work for the Utilities,regardless of the location where such work is performed. Employees generally should not perform work at times or places outside of the times and places they are scheduled to work by the Utilities. If a need for work outside of scheduled times or places is, or should be, anticipated, the employee should seek permission to perform such work from Utilities management in advance,and if permission is not secured in advance such work should generally not be performed. Performing work outside of scheduled and approved times and places may result in discipline; it shall not under any circumstances, however, result in an employee not being paid for time spent performing Utilities work. In the case of a non-exempt employee who is on call, the on call stipend paid to the employee covers all compensation due for calls taken as to which there is no call out. 20 April 2013 August 2014 85 If unanticipated, time-sensitive, or urgent work needs to be performed at times and/or places outside of those scheduled by the Utilities, the non-exempt employee should perform only so much of the work as is necessary to address the immediate need. Regardless of whether work is anticipated or of an urgent nature,and regardless of whether advance permission has been received to do such work or not, all time spent by a non-exempt employee actually performing Utilities work must be accurately recorded and properly reported to Utilities management. 3425. CALL OUT TIME: REGULAR FIELD WORKERS Regular field workers who are asked to report for work outside their regular working hours shall be paid a minimum of two (2)hours each time they report for work. Scheduled work contiguous to normal working hours shall not be subject to this two (2) hour minimum reporting pay obligation. However, if a regular field worker reports for work before or remains after the regular eight(8) hour work day, or works on a Saturday, Sunday or Holiday, he/she will be paid at the applicable overtime rate for each hour worked over eight in a day, or on a Sunday or Holiday, as applicable. Such reporting and overtime pay is not applicable to situations involvin: travel or trainin.time awa from the regular workplace except where the employee's total working time for the workweek exceeds 40 hours,in which case the 40 hour overtime provision willwill apply. Work performed for which an employee does not report to a particular work site, such as work that can be performed on a laptop computer from a non-work site,shall not be subject to this two hour minimum reporting pay obligation. This policy does not apply to employees other than regular field workers. 326. ON-CALL Regular Field Workers. Required On-Call Rotation for Regular Field Workers. Regular field workers (including linepersons, water operators, and other specifically trained field workers) are subject to a residency rule. These same workers are also subject to required participation in a scheduled on-call rotation. Apprentices may be excluded from the on-call rotation for up to one year from their date of hire, per management discretion. The on-call rotation is scheduled in one (1)week blocks. Residency Rule. The residency rule applies to the regular field workers who may be required to serve on-call. The residency 21 April 2013 August 2014 86 rule is that these employees must live within a twenty(20) mile radius of the power plant. Response Time. The following guidelines on response time apply to regular field workers in the on-call rotation schedule on a 24-hours-a-day, seven-days-a-week basis during the workers' scheduled on-call weeks. • While on-call, workers must remain within the 20 mile residency radius. • While on-call, workers are expected to make immediate telephone contact in response to a call. • While on-call,workers are expected to urgently report to a site of need within a reasonable time, which will vary depending on the identified reason for the call. Depending on the need an on-call worker may find it necessary to call in a field partner to assist in providing appropriate and timely call response. Take Home Vehicles. Regular field workers who are part of the scheduled on-call rotation will be provided a company vehicle to take home for the exclusive purpose of responding to calls about Utilities business during the on-call block. Compensation for On-Call Time. Time spent on-call by regular field workers is not working time. In recognition of this on-call service,however, nominal compensation is paid. Weekly Compensation for Workers in an On-Call Rotation. For workers in a regular on-call rotation, compensation of twelve (12)hours at the worker's base rate of pay is paid, which covers an entire one (1)week block of on-call service. This compensation covers all time spent on call during the on call week,including phone or other remote triage work as to which there is no call out. Pro Rata Compensation for Workers Performing Back-Up On-Call Service. Workers not in a regular on-call rotation may be designated and required to serve on-call on a back-up basis. Such workers who serve on-call for less than a full week at a time will be compensated for their on-call service on a pro rata basis for each day of on-call service, at the daily rate of 1/7 of 12 hours times the worker's base rate of pay. Workers not in a regular on-call rotation who serve on call, upon designation, for a full week will receive 22 April 2013 August 2014 87 compensation on the same basis as do workers who are in an on-call rotation. When a recognized paid holiday falls within the on-call block covered by the worker(whether a week or portion thereof),eight (8) comp time hours will be awarded as additional on-call compensation. Compensation for Actual Response Time. Time spent actually responding to a call that is received while a worker is serving on-call,however,is working time,and is therefore paid based on an employee's regular rate of pay. Call out time. When an employee is on-call,the Utilities'policy on call out time pay still applies, in accordance with the terms of that policy. Other On-Call Arrangements. Certain employees other than regular field workers, namely the Security Technician, the Electrical Line Superintendent, and the Water Superintendent, are subject to call response requirements for emergency preparedness and/or customer service purposes. The Security Technician, the Electrical Line Superintendent and the Water Superintendent are not subject to the residency rule that applies to regular field service workers. Security Technician. The Security Technician is required to be available to respond on an urgent basis to customer service needs on a 24-hours-a-day, seven-days-a-week basis, without rotation. Such on-call time and availability is not working time. The Security Technician is not required to remain within the residency radius and does not receive additional compensation for time spent on-call. The Security Technician shall arrange for coverage of his or her on call duties: 1) during his or her scheduled vacation periods; 2) when it is necessary for the Security Technician to use accrued sick leave. Compensation for Actual Response Time. Time spent by the Security Technician actually responding to a call that is received while serving on-call, however, is working time, and is therefore paid based on an employee's regular rate of pay. Call out time. When the Security Technician is on-call, the Utilities' policy on call out time pay still applies, in accordance with the terms of that policy. 23 April 2013 August 2014 88 Superintendents. Electrical 'in°Electric Superintendent. The Electrical LincElectric Superintendent is required to be available to triage or respond on an as-needed basis to emergency calls 24 hours a day, seven days a week without rotation. Such on-call time and availability is not working time. The Electrical LincElectric Superintendent is not required to remain within the residency radius and does not receive additional compensation for on-call time or for actual response time. The call out time policy does not apply to the Electrical LineElectric Superintendent. The Electrical LincElectric Superintendent shall arrange for another qualified Utilities employee to be on call: 1) during his or her scheduled vacation periods; 2) when it is necessary for the Electrical LincElectric Superintendent to use accrued sick leave. Water Superintendent. The Water Superintendent is required to be available to triage or respond on an as-needed basis to emergency calls 24 hours a day, seven days a week without rotation. Such on-call time and availability is not working time. The Water Superintendent is not required to remain within the residency radius and does not receive additional compensation for on-call time or for actual response time. The call out time policy does not apply to the Water Superintendent. The Water Superintendent shall arrange for another qualified Utilities employee to be on call: 1) during his or her scheduled vacation periods; 2) when it is necessary for the Water Superintendent to use accrued sick leave. Take Home Vehicles. Based on the expectation that they will regularly be available to respond in a timely and appropriate manner to calls about Utilities business outside of regular business hours, the Security Technician, the Electrical LineElectric Superintendent, and the Water Superintendent, are provided Utilities vehicles to take home. These vehicles are subject to the Utilities' vehicle policy and may only be used for the exclusive purpose of responding to calls about Utilities business. 24 April 2013 August 2014 89 227. ELECTRIC RE-CONNECT TIME Regular field workers performing electric re-connects at times other than during their scheduled work hours will be paid in accordance with the general policy on Call Out Time for Regular Field Workers. 3728. STORM PAY Employees assigned to work at another utilities distribution system to assist with restoration following a storm, will receive time and one-half(1.5) times their regular rate of pay for all such hours worked, except hours worked on Sunday or an Elk River Municipal Utilities recognized Holiday, which shall be paid at two (2.0) times the employee's regular rate of pay. The Utilities will use its best efforts to rotate and distribute these assignments equally with priority on maintaining proper staffing levels at Elk River Municipal Utilities. 28.29. LEAD PAY DIFFERENTIAL An employee who is currently a lineman shall assume the duties of a lead lineman when the lead lineman is absent from a crew,provided that only the most senior lineman on a crew shall assume the lead lineman's duties. The lineman assuming such duties shall receive a rate differential equal to 3%of his or her base rate of pay times the number of hours worked during which the lineman assumed such lead duties. The rate differential provided in this policy applies during both regular scheduled work hours and after hours. During after-hours call out, as well as at any other time, this rate differential will be paid only when the crew is full and the lead lineman is absent. 2930. PAYCHECK DEDUCTIONS By law, the Utilities is required to withhold federal and state taxes, FICA and PERA from an employee's pay. The Utilities also has a Health Care Savings Plan with mandatory participation and will withhold applicable amounts from an employee's pay. In addition, other deductions may be made upon authorization of a participating employee including the following: a. Employee share of health insurance h. World Vision b. Credit Union i. United Way c. PERA life insurance d. Deferred compensation e. Flexible benefits f Security System purchase/time payments g. Computer Loans $1,200.00 (12 months) 25 April 2013 August 2014 90 30:31. PAYCHECKS Employees are paid every two weeks. The pay period begins every other Tuesday at 12:00 a.m. and ends every other following Monday at 11:59 p.m. Payday is the Friday immediately following the end of the pay period. Employees are responsible for their paychecks upon receipt. Direct deposit is available to employees upon request. 332. NIGHTWORK REST TIME The Utilities will provide a regular field worker with one hour paid rest time for each hour worked between 10:00 p.m. and 6:00 a.m., excluding work performed during such window on Saturday or Sunday. The worker must make arrangements with his or her supervisor before taking such rest time. This nightwork rest time shall be taken during the next scheduled work shift. If the supervisor does not release the worker to take this nightwork rest time, all hours worked by the worker on the next scheduled shift shall be paid at one and one half times the worker's base rate of pay. It is the employee's responsibility to notify the supervisor and obtain approval prior to taking the rest time. It is also the employee's responsibility to take the nightwork rest time if it is approved by the supervisor. The employee's failure to take approved nightwork rest time shall result in forfeiture of such rest time. Nightwork rest time does not apply and is not paid in connection with travel or training time away from the regular workplace. 33. TRAVEL AND TRAINING TIME Em to ees are s aid for time s•ent in trainin• related to their .osition with the Utilities which must be approved in advance by the supervisor. Employees will be paid for their time s s ent travellin: in the followin: circumstances. 1. When a non-exem s t ems to ee is en•a ed in travel which kee s the emslo ee awa from home overni•ht and which cuts across a re.ular workday; 2. _ When a non-exempt employee travels to a special one-day work assignment in another city that does not require an overnight stay; 3. When a non-exempt employee spends time traveling as part of the employer's principal activity; 26 April 2013 August 2014 91 4. When a non-exem.t em.lo ee s.ends time travelin. between home and work in"call back"or"emergency" situations; and 5. When a non-exem.t em.lo ee •erforms work durin.travel. Overtime (at one and a half times the regular rate of pay) will be paid in connection with trainin. or travel time onl when and to the extent that an em.lo ee's total com ensated hours in a workweek exceed 40. The eight hour and double time provisions of the Utilities' wa'e and hour .olic do not a..1 to da s involvin' work-related travel or trainin BENEFITS 32-34. GENERAL BENEFITS This handbook provides a brief description of benefits available to eligible employees. The descriptions provided here are not intended to be comprehensive and all questions regarding eligibility and benefit levels should be directed to your supervisor so the specific plan documents can be reviewed for an answer. The plan documents govern any inconsistencies between these documents and the information provided here. Benefits and eligibility requirements are subject to change,and such changes may not be reflected in this description. The Utilities expects to offer its benefit plans for the foreseeable future, but it reserves the right, in its sole discretion, to change, modify or eliminate them at any time, except to the extent prohibited by law. 3-335. VACATION All regular full-time employees shall accrue vacation according to the following schedule: Years of Service to Accrual Rate Accrued per Utilities Since Most Per Year pay period Recent Date of Hire 0—3 years 10 3.08 hours per pay period 4 years 12 3.69 hours per pay period 5 years 13 4.0 hours per pay period 6-9 years 15 4.62 hours per pay period 27 April 2013 August 2014 92 10 years 16 4.92 hours per pay period 11 years 17 5.23 hours per pay period 12 years 18 5.54 hours per pay period 13 years 19 5.85 hours per pay period 14-18 years 20 6.15 hours per pay period 19+years 25 7.69 hours per pay period Regular part-time employees accrue paid vacation under this schedule on a pro rata basis. Temporary and seasonal employees are not eligible for paid vacation. Employees must request time off for vacation as far in advance as feasible. When possible, employees will be granted vacation time of their choice. However this time is subject to the operating needs of the Utilities. Vacation days accrue each pay period as shown in the table above. Paid vacation may be taken as soon as it is accrued. Accrual rates change, as applicable, on an employee's anniversary date. Example: If an employee's start date was July 1, 2000, the new accrual rate would start July 1, 2004. Unused vacation days may be carried over from year-to-year, but only to a limited extent, as follows. Unused vacation carryover will be limited to the number of hours accrued during the previous year. Accrued vacation days beyond the carryover limit are lost. For example, if an employee with 2 years of service has accrued but not used 15 vacation days on his or her anniversary date, he or she will only be permitted to carryover 10 days to the next year. Paid vacation may not be used for the purpose of extending an employee's active employment with the Utilities or for retaining a full-time equivalency percentage that is not based on an employee's actual planned and scheduled working time. Employees who voluntarily end their employment and who give the Utilities proper (generally at least two-weeks)notice shall be paid out for earned but unused vacation time as of the date of separation, provided they sign and do not rescind an agreement releasing claims arising out of their employment, in a form prescribed by the Utilities. Employees 28 April 2013 August 2014 93 involuntarily terminated by the Utilities for any reason other than lack of work shall not be paid out any unused vacation time. 3406. PAID SICK LEAVE Regular full-time employees accrue sick leave at the rate of 3.69 hours per pay period (approximately 8 hours per month). Regular part-time employees accrue sick leave pro rata based on the full-time accrual rate. Temporary and seasonal employees are not eligible for sick leave. Sick leave may be used for illness and doctor visits for the employee or the employee's child or another - •_ . _ . _. .- - _-"covered relative" as defined below, or for purposes of parenting leave in accordance with Minnesota law. To be "another eligible depondenta "covered relative" under this policy an individual must have same residence address as the employee and must receive substantially all of his or her financial support from the employee. Documentation from a health care provider may be requested by the Utilities in its sole discretion. Sick leave is a privilege, and misuse may result in disciplinary action. e-be-used-f$r-up ve (5) days in a calendar month for ta e addition, as of July 1st, an employee's sick time can also be used for a "safety leave" for covered relatives for the purpose of providing or receiving assistance due to sexual assault, domestic abuse or stalking. Sick leave may not be used for the purpose of extending an employee's active employment with the Utilities or for retaining a full-time equivalency percentage that is not based on an employee's actual planned and scheduled working time. Employees are required to notify their immediate supervisor at least thirty (30) minutes prior to the start of their regular working hours if they intend to be absent from work. If an emergency prevents the employee from notifying his/her supervisor at such time, the employee is expected to call as soon as possible during the work day. Employees are also required to keep their supervisors informed of their condition and 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 certification of the need for sick leave in accordance with this policy 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, a Utilities manager, or the Human Resources Representative. In some circumstances, an employee may be requested to submit to a medical examination by an appropriate health care provider to confirm whether 29 April 2013 August 2014 94 the employee is fit for duty. In such a circumstance,the Utilities may select the health care provider to conduct the examination. Unused sick leave will not be paid out in wages upon termination of employment, but in some circumstances is subject to limited conversion under the Health Care Savings Plan policy found elsewhere in this Handbook. 337. PAID HOLIDAYS Regular full-time employees will be paid for eight(8)hours at their base wage rate for each of the following holidays: New Years Day Veterans Day Martin Luther King Day Thanksgiving Day Presidents Day Friday following Thanksgiving Day Memorial Day Christmas Eve Day Independence Day Christmas Day Labor Day Eligible part-time employees 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. If the holiday falls on a Saturday, the preceding Friday will be observed. If the holiday falls on a Sunday,the following Monday will be observed as a holiday. Employees will not receive holiday pay for any holiday that falls during any leave of absence. 338. EMPLOYEE CLOTHING It is required that employees wear clothing items specified by the Utilities for their position and activity during working time. For regular field workers potentially exposed to electric hazards, the Utilities will provide an initial issue of five fire retardant long sleeved shirts, five fire retardant pants, and five fire retardant tee shirts per outside employee exposed to electric hazards,. As an alternative option, one fire retardant hooded fleece may be substituted for two fire retardant long-sleeved shirts and/or one sweatshirt may be substituted for two long-sleeved shirts. Provided clothing may also include: lineman's climbing boots,summer work boots,rubber boots, rubber overshoes, insulated winter boots, and coveralls (used for maintenance on trucks). The Utilities will issue a check to the supplier for the covered items. For employees other than regular field workers, the Utilities will provide an initial issue of enea$75 annual allowance for Utilities logo sclothin . 30 April 2013 August 2014 95 On an annual basis,the Utilities will replace worn out items that have been provided by the Utilities. Worn out items should be turned in to the Utilities . The Utilities will also provide and replace the following as necessary in the Utilities' discretion: fire retardant lined and unlined bib overalls, fire retardant lined parka and hood, fire retardant lined bomber jacket, and hats with the appropriate emblems and identification. Upon the end of employment with the Utilities, an employee must return all Utilities clothing items that were issued to him or her that were paid for by the Utilities with the exception of boots. 37.-39. HEALTH CARE SAVINGS PLAN Utilities' employees participate in the Minnesota Post Employment Health Care Savings Plan(HCSP)established under Minn. Stat. § 352.98 and as outlined in the Minnesota State Retirement System's Trust and Plan Documents. All funds collected by the employer on the behalf of the employee will be deposited into the employee's care savings pianPost Employment Health Care Savings Plan account. General participation rules are outlined below, for a complete guide regarding benefits, use, and eligibility see the plan's documents. 1. Employees are required to contribute to the Post Employment Health Care Savings Plan. These funds will be deposited after each pay period. The contribution shall be based on the following structure: There will be four groups,concurrent with the pay plan. The four groups are Office Field Workers Line Workers and Mana•ement. All • ou s s shall participate in contributions as follows: a. Regular Field WorkersEmployees with fewer than 10 years of service are required to contribute 1% of their gross wages. b. Regular Field WorkersEmployees with fewer than 20 years of service and at least 10 years of service are required to contribute 2% of their gross wages. c. Regular Liela WorkersEmployees with at least 20 yeast of service are required to contribute 3%of their gross wages. d. Non Regular Field Workers are required to contribute 1%of their gross wages. 2. Employees who have accrued over 960 hours of sick time will have 50% of those hours converted to cash and deposited in their Post Employment Health Care Savings account. The conversion will take place once a year at the end of December. 3. Employees who voluntarily end their employment and who give the Utilities proper (generally at least two-weeks) notice, and employees whose 31 April 2013 August 2014 96 employment ends involuntarily because of lack of work, will have 50% of unused sick leave, up to a maximum of 120 days, converted into cash and deposited into their Post Employment Health Care Savings account provided they sign and do not rescind an agreement releasing claims arising out of their employment, in a form prescribed by the Utilities. Employees involuntarily terminated by the Utilities for any reason other than lack of work shall not be eligible to receive such conversion. No contributions will be accepted by the Plan on behalf of an employee after the death of the employee. 35:40. 457 DEFERRED COMPENSATION The Utilities will match funds contributed by employees, up to 3% of their base salary annually,with a maximum contribution of$2,000.00. These plans are administered by the Minnesota State Deferred Compensation Plan and/or Wenzel & Associates' ING Plan. The Utilities' contribution will be made May 31st of each plan year for the employee. If an employee departs prior to May 31st, she/he will receive a prorated contribution for that year. For a complete plan description consult the summary plan description distributed to each employee or available upon request. 49A1. HEALTH INSURANCE COVERAGE For eligible employees who regularly work 30 hours per week, and enroll in thea health insurance plan provided by the Utilities, the Utilities will pay eightyseventy-five percent (5075%)of the monthly premium per employee/family for health insurance. fey premium over and above SOThe Utilities currently offers both a conventional plan and a Health Savin's Account-related elan. Plans and elan desi ns ma chan.e from time to time. The amount of the monthly premium for a health insurance plan over and above 75% of the total monthly premium for health care coverage is the responsibility of the employee. Employees should consult the Summary Plan DesetiptienDescriptions of the available plans for details regarding coverage and eligibility. A copy of these descriptions will be provided to employees and is available upon request. 40:42. DENTAL INSURANCE Eligible employees who regularly work at least 30 hours per week and who enroll in the Utilities' dental insurance plan, the Utilities will pay seventy-five percent (75%) of the monthly premium per employee/family for dental insurance. Any monthly premium over and above 75% of the dental coverage is the responsibility of the employee. Employees should consult the Summary Plan Description for details regarding coverage and eligibility. A copy of this description will be provided to employees and is available upon request. 32 April 2013 August 2014 97 4443. LONG-TERM DISABILITY A Long-Term Disability Plan is provided to eligible employees who regularly work at least 30 hours per week. Schedule amount: 662/3%of Monthly Earnings subject to a maximum amount of $5,000.00 per month. Employees must be employed for two (2) months to qualify for coverage. Employees should consult the Summary Plan Description for details regarding coverage and eligibility. A copy of this description will be provided to employees and is available upon request. 4344. LONG TERM CARE INSURANCE Long Term Care Insurance is available to employees, at the employee's election and expense, upon application and approval by the insurance provider. Employees should consult the Summary Plan Description for details regarding coverage and eligibility. A copy of this description will be provided to employees and is available upon request. 4345. LIFE INSURANCE Life insurance is provided to each employee at a rate of Two and One Half times (2'/2)the employee's annual salary, to a maximum of$85,000.00. Employees should consult the Summary Plan Description for details regarding coverage and eligibility. A copy of this description will be provided to employees and is available upon request. 44.46. EDUCATIONAL ASSISTANCE The Utilities will provide financial assistance to eligible employees for pre-approved courses that are job related,lead to a job-related degree,or are within areas beneficial to the Utilities in its discretion and pursuant to this policy. With regard to education required by the Utilities or in connection with a Utilities--approved apprenticeship training program, check with a Utilities manager. 1. All full-time Utilities employees with at least three months of continuous employment are potentially eligible for reimbursement under this policy. 2. The Utilities may pay up to 100% reimbursement of the costs for tuition, registration, fees, books and course required materials after successful completion of a pre-approved course. Courses must be at accredited colleges, universities, or vocational schools or be short courses conducted by recognized professional training organizations. 3. A course may be approved if: 33 April 2013 August 2014 98 a) It is directly related to the employee's work for the Utilities. b) It is required by a program of study leading to a degree that is directly related to the employee's work for the Utilities. c) It will improve the employee's work for the Utilities. 4. This policy will not cover recreational or personal interest courses. 5. Prior to registration, the employee must have full approval for the course from Utilities' management designated as having approval authority for such matters. 6. The Utilities reserves the right to disapprove educational assistance requests and to amend or eliminate this policy from time to time in its discretion. 7. Total reimbursements to an employee during the academic year may not exceed $3,000. 8. Not eligible for reimbursement are costs of: a) late fees and fees due to an employee error b) meals, transportation, lodging, insurance, etc. 9. If an employee is eligible for education assistance from any outside source (e.g.: G.I. Bill, grants, scholarships, etc.), the employee must apply for any assistance first and request the balance through this Education Assistance Policy. 10. Termination of employment prior to completion of a course will disqualify the employee for educational assistance. 11. Courses not satisfactorily completed will be paid for by the employee. 12. Course attendance and preparation must take place outside of scheduled work hours and must not jeopardize the employee's work performance. 13. Employees will be paid for any time used in attending courses for which they are required by the Utilities to attend. All tuition and fees for such course will be paid for by the Utilities. LEAVES OF ABSENCE The Utilities 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 Human Resources Representative. When possible, advance notice of a leave should be provided to an employee's supervisor so work schedules can be adjusted accordingly. 34 April 2013 August 2014 99 4 :47. PARENTING LEAVE Eligible employees are entitled to take up to 6 weeks unpaid leave upon the birth or adoption of a child in accordance with Minnesota law. To be eligible for such leave, an employed : basis. Under the Minnesota Parental Leave Act, a Minnesota employee who has worked for the Utilities for at least 12 months and who has worked at least one-half(1/2) time during the twelve(12)months preceding a leave is entitled to take up to twelve(12)weeks of unpaid leave as follows: • An eligible biological or adoptive parent make take such leave for the birth or adoption of a child. and • An eli'ible female em.lo ee ma take such leave for prenatal care or incapacity due to pregnancy, childbirth, or related health conditions. - - 4. .- parenting leave must be made in advance. In most circumstances, leave may not begin more than 6 weeks after the actual birth or placement of the child. If the child require9 e* a spitalization after birth-,--the leave-may-1- ••- - . leaves the hospital. An employee on parenting leave must use all his or her accrued and cover the entire parenting leave An employee requesting parental leave must give the Utilities at least thirty(301 days advance notice of the start and end dates of the reguested leave, unless such notice is not possible due to legitimate unanticipated factors in which case as much notice as is possible should be given. For a leave for the birth or adoption of a child,the leave must begin within either 12 months of the birth or adoption or,if the child must remain in the hospital longer than the mother, within 12 months of the child leaving the hospital. Insurance benefits will continue during the leave, but the employee must pay his or her portion of the premiums durin the leave and will be re.uired to reimburse the Com.an for premiums paid by the Company during the leave if the employee does not return to work following the leave. If any employee is eligible for parental leave under both the FMLA and the MN Parental Leave Act,the parental leave time taken under the Company's FMLA leave policy will run concurrently with time taken under this policy. If you are eligible for both unpaid MN parental leave and any paid vacation or long-term disability insurance, you must use this paid time off or salary continuation benefit during any MN parental leave period up to the amount needed to cover the entire parenting leave. 35 April 2013 August 2014 100 Following leave under this policy, an employee will be reinstated to his or her same job or one with comparable duties,hours,and pay. 48. MINNESOTA SICK FAMILY MEMBER OR SAFETY LEAVE A Minnesota employee who has worked for the Utilities for at least 12 months and who has worked at least one-half(1/2) time during the past twelve (12) months may use his or her accrued sick time to care for the employee's sick or injured child, stepchild, foster child, adopted child, adult child; spouse,sibling, parent., parent-in-law, stepparent, grandparent, or grandchild (including a biological, step, foster, or adopted grandchild) for reasonable times as the employee' s attendance may be necessary. This type of leave is referred to as a"Sick Family Member Leave". • . . _ • In addition, a Minnesota employee who has worked for the Utilities for at least 12 months and who has worked at least one-half(1/2) time during the past twelve (12) months may use his or her accrued sick time to receive assistance or provide assistance to the employee's child, stepchild,foster child,ado•ted child adult child s•ouse siblin. •arent parent-in-law, stepparent, grandparent, or grandchild (including a biological, step, foster, or adopted grandchild) because of domestic abuse (as defined in Minn. Stat. §518B.01), sexual assault(as defined in Minn. Stat. §§609.342, 609.3453, or 609.352), or stalking (as defined in §Minn. Stat. 609.749). This type of leave is referred to as a"Safety Leave." the employee's minor child, or a child under 20 years-el age attending secondary school. Eligible employees are limited to using a maximum of 160 hours of sick time in any 12-month period for a Safety Leave or for a Sick Family Member Leave resulting from the illness of or injury to the employee's adult child, spouse, sibling, parent, parent-in-law, stepparent, grandparent, or grandchild. Sick time under this policy must be used in the same manner as the employee would use the sick time for his/her own illness. Please note that if an em s lo ee is also eligible for FMLA leave to care for a sick family member, FMLA leave and Minnesota sick leave time will run concurrently. 47:49. SCHOOL ACTIVITIES LEAVE POLICY Employees who have worked at least one-half time during the pregpreceding twelve months are entitled to up to 16 hours leave during any 12-month period to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be scheduled during non-work hours. If an 36 April 2013 August 2014 101 employee's child receives child care services or attends a pre-kindergarten regular or special education program,the employee may use the leave time to attend a conference, or activity related to the employee's child, or to observe and monitor the services and program, provided the conference, activity or observation cannot be scheduled during non-work hours. When the need for leave under this section is foreseeable, the employee must provide reasonable prior notice of the leave to his or her immediate supervisor and make a reasonable effort to schedule the leave so as not to unduly disrupt Utilities business. Regular paid sick leave may not be used for purposes of this school activities leave. 4&50. BONE MARROW AND ORGAN DONATION LEAVE Employees who work an average of twenty (20) or more hours per week who seek to undergo a medical procedure to donate bone marrow or an organ or partial organ will be granted up to forty(40)hours of paid leave. Regular sick leave need not be used when this Bone Marrow and Organ Donation Leave policy is applicable to the circumstances. The Utilities may require verification by a health care provider of the purpose and length of each leave requested by the employee pursuant to this policy. 4951. NATIONAL GUARD AND RESERVE LEAVE Any officer or employee of the Utilities who is a member of the National Guard or other reserve unit is entitled to a leave of absence from public office or employment without loss of pay, seniority status, efficiency rating, vacation leave, sick leave, or other benefits for the time that he/she is engaged with the reserve in training or active service so long as such leave does not exceed a total of fifteen(15) days in any calendar year. Such leave will be allowed only in cases where the required military or naval service is satisfactorily performed. Such leave will not be allowed unless the officer or employee: • Returns to the public position immediately on being relieved from such military or naval service and not later than the expiration of the time herein limited for such leave; or • Is prevented from returning to Utilities employment by physical or mental disability or other cause not due to the officer's or employee's own fault; or • Is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 37 April 2013 August 2014 102 54452. MILITARY LEAVE FOR UNIFORMED SERVICE Except as provided otherwise in the National Guard and Reserve Leave Policy above, employees who are members of,apply to perform, or have an obligation to perform service in a uniformed service will be granted an unpaid leave of absence to perform such service. Military leave requests shall be made to the immediate supervisor. The term "uniformed service" means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty, active duty for training, initial active duty for training, inactive duty training,full-time National Guard duty,the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. As soon as an employee is informed of the dates of the military training, he or she should notify his or her supervisor and request a leave of absence, even if he or she has not yet received written orders. In the case of an employee whose period of military service is less than 31 days, an employee must report back to his or her job at the first regularly scheduled shift after the completion of military service and the time required for return from the place of military service to the place of civilian employment. An employee called to active duty for more than 30 days, but less than 181 days, must report back to his or her job not more than 14 days after the completion of his or her military service. An employee called to active duty for more than 180 days must report back to his or her job not more than 90 days after the completion of his or her military service. This Policy is not intended to preclude leave with pay as may be provided in the National Guard and Reserve Leave Policy above. M-53. JURY/WITNESS DUTY LEAVE Employees will be allowed a leave of absence pursuant to state statute without restriction or sanction when called for jury duty. • An employee performing jury duty or subpoenaed as a witness in court or voluntarily serving as a witness on behalf of the Utilities in a case in which the Utilities is a party will receive the difference between his/her regular rate of pay and the amount received as juror or witness up to the maximum allowed by state or federal law. • The employee must notify his/her supervisor and complete a leave of absence form within 48 hours of receiving call for jury duty. • An employee excused or released from jury duty during his/her regular work hours must report to his/her supervisor immediately thereafter. • Time spent on jury duty will not count as time worked in computing overtime. 38 April 2013 August 2014 103 5154. PERSONAL LEAVE DAY Each June 1st, every regular employee will be credited with one day of paid personal leave to be taken during the next 12 months with the approval of management. This day, if unused, will not be carried over from year to year. 3-3:55. BEREAVEMENT LEAVE A leave of absence, with pay and fringe benefits may be granted to a regular full-time employee for a maximum of three (3) days in the event of the death of a spouse, child, parent, brother, sister, grandparent, grandchild, or parent-in-law, brother-in-law, sister-in-law, grandparents-in-law, step-parents, step-siblings and step-children. 5456. GENERAL LEAVE The Utilities recognizes that circumstances of a unique personal nature may cause an employee to seek time off without pay. The Utilities may, at its sole discretion, grant unpaid personal leaves of absence to employees ("General Leave"). Approval is required of the employee's immediate supervisor and the General Manager before General Leave will be granted. In no event will General Leave be granted for longer than ninety(90)days, unless special approval is received from the General Manager. Vacation and sick leave will not accrue during a General Leave. Further, the employee on General Leave will not be eligible for holiday pay during the leave. The Utilities will not contribute to the cost of insurance premiums for an employee on General Leave. Employees are expected to return from General Leave when the reason for the leave expires. Employees who take a General Leave have no right to reinstatement. 55:57. VOTING LEAVE; SERVICE AS ELECTION JUDGE Under Minnesota Statutes Section 204C.04, employees who are eligible to vote in an election to fill a vacancy in the office of United States Senator, United States Representative, State Senator or State Representative, or a presidential primary have the right to be absent from work for the time necessary to vote and return to work on the day of that election without penalty or deduction from salary or wages because of the absence. The Utilities will not abridge or interfere with this right. The Utilities will provide an employee with paid time off to serve as an election judge, provided that the employee gives the Utilities at least 20 days' advance written notice. The 39 April 2013 August 2014 104 Utilities will reduce the employee's pay by the amount the employee is paid to serve as an election judge. GP:3689358 v2 40 April 2013 August 2014 105 RECEIPT AND ACKNOWLEDGMENT (EMPLOYER COPY: MUST BE SIGNED AND RETURNED TO MANAGEMENT) By signing this receipt, I acknowledge that I have received a copy of the Elk River Municipal Utilities Employee Handbook (the "Handbook"). This Handbook and the policies contained or referenced in the Handbook supersede and replace previously-issued handbooks, contrary oral or written statements of employment policy, and contrary employment_practices. I understand that the Employee Handbook may be amended at any time, with or without notice. I understand that I do not have a protected property interest in my employment with the Utilities. I also understand that neither this Handbook nor any provision in it creates a contract of any kind between the Utilities and me. I acknowledge that it is m res s onsibili to become and remain informed about the employment policies and practices of the Utilities and to abide by the rules, regulations,. standards and policies of the Utilities including those contained in this Handbook. I also understand that any violation by me of the Utilities' rules,regulations,policies,practices, or standards is just cause for discipline, up to and including termination of my employment. Date Print or Type Name Employee Signature GP:3389104 v4 41 April 2013 August 2014 106 Document comparison by Workshare Compare on Monday, August 04, 2014 9:22:59 AM Input: Document 1 ID Powerpocs://GPDOCS1/3689358/1 Description GPDOCSI-#3689358-v1-ERMU_Handbook_2014 Document 2 ID Powerpocs://GPDOCS1/3689358/3 Description GPDOCS1-#3689358-v3-ERMU_Handbook_2014 Rendering set new gpm standard Legend: Insertion Deletion Moved-from Moved to Style change Format change n1 .za I� Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 253 Deletions 204 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes ( 459 107