10.2. SR 09-02-2014 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 10.2
Agenda Section Meeting Date Prepared by
Worksession September 2, 2014 Cal Portner, City Administrator
Item Description Reviewed by
Personnel Policy Manual Update
Reviewed by
Action Requested
Accept,by motion,the Personnel Policy Manual Updates.
Background/Discussion
The city's Personnel Policy Manual was last updated in June of 2012.
Management staff frequently reviews and discusses policies as items are brought to our attention.
The past year has brought a number of significant policy changes as a result of state and federal laws. Per
our manual,we follow the most updated policy as laws change. We utilize language provided by the
League of Minnesota Cities as frequently as possible.
Attached is a list of changes in the update to the manual for review and discussion.
Financial Impact
ITT/A
Attachments
• Personnel Policy Manual
• Policy Update Matrix
P a w E A E U s r
NaA f RE]
I
City of
El
River
City of Elk River
Personnel Policy Manual
(Revised August 2008)
(Updated August 2010)
(Updated June 2012)
Updated September 2014
p I V E R E 0 0Y
NATUREI
TABLE OF CONTENTS
INTRODUCTION ----------------------------------------------------------------------------------------------------------I
EMPLOYMENT
EQUAL EMPLOYMENT OPPORTUNITY-------------------------------------------------------------------------------2
DEFINITIONS OF EMPLOYMENT STATUS...........................................................................2
WORKRULES...........................................................................................................................3
ORIENTATION PERIOD...........................................................................................................3
COMPENSATION .....................................................................................................................3
WORKWEEK............................................................................................................................4
PAYDAYS .............................................................................................................................554
TIMESHEETS........................................................................................................................ 4
OVERTIME AND COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES..............664
CALL OUT AND PREMIUM PAY......................................................................................... 5
TIME OFF FOR EXEMPT EMPLOYEES..................................................................................6
REPORT OF PERSONNEL CHANGES---------------------------------------------------------------------------------88b
GOVERNMENT DATA PRACTICES ACT...........................................................................9}6
PERFORMANCE APPRAISALS...............................................................................................7
ATTENDANCE..........................................................................................................................7
REST BREAK/MEAL BREAK.......................................................................................... 107
EMPLOYMENT OF RELATIVES..................................................................................... 101"
SUPPLEMENTAL EMPLOYMENT.................................................................................. 1144-9
SEPARATION FROM EMPLOYMENT
RESIGNATION..........................................................................................................................9
RETIREMENT...........................................................................................................................9
LAYOFFS ..................................................................................................................................9
SEVERANCEPAY....................................................................................................................9
EXIT INTERVIEWS ................................................................................................................10
LEAVE BENEFITS
VACATION .............................................................................................................................11
SICKLEAVE---------------------------------------------------------------------------------------------------------------------------12
SICK LEAVE DONATION......................................................................................................13
HOLIDAYS..............................................................................................................................13
LEAVESOF ABSENCE ..........................................................................................................14
Family and Medical Leave Policy........................................................................................15
Sick or Injured Child Care Leave Policy..............................................................................16
SchoolActivities Leave.......................................................................................................16
Bone Marrow Donation Leave.............................................................................................17
National Guard and Reserve Leave......................................................................................17
Military Leave for Uniformed Service.................................................................................17
Jury/Witness Duty Leave.....................................................................................................18
BereavementLeave.............................................................................................................18
GeneralLeave.....................................................................................................................18
VotingLeave.......................................................................................................................19
GENERAL BENEFITS
GENERAL BENEFITS.............................................................................................................20
INSURANCES .........................................................................................................................20
DEFERRED COMPENSATION...............................................................................................20
FLEXIBLE BENEFITS PLAN (Section 125)............................................................................20
EMPLOYEE DEVELOPMENT/TUITION REIMBURSEMENT.............................................21
EMPLOYEE WELLNESS........................................................................................................21
GENERAL POLICIES
SMOKE & TOBACCO FREE POLICY ...................................................................................22
APPEARANCE AND DRESS GUIDELINES..........................................................................22
ELECTRONIC COMMUNICATION DEVICES......................................................................22
TelephoneUse.....................................................................................................................22
E-Mail/Voice Mail Use .......................................................................................................22
InternetAccess and Use ......................................................................................................23
BandwidthConservation .....................................................................................................23
TRAVEL EXPENSES ..............................................................................................................24
KEYSAND SECURITY ..........................................................................................................24
PERSONAL USE AND DISPOSAL OF CITY PROPERTY....................................................24
USE OF CITY VEHICLES.......................................................................................................24
RESIDENT COMPLAINTS .....................................................................................................25
EMERGENCY CLOSING POLICY.........................................................................................25
EMPLOYEE PARTICIPATION IN CITY FIRE DEPARTMENT............................................26
EMPLOYEE PARTICIPATION IN POLICE RESERVES .......................................................26
POLITICAL ACTIVITY ..........................................................................................................27
CANDIDACY ..........................................................................................................................27
LABOR RELATIONS
COMMUNICATION................................................................................................................28
DISCIPLINE.............................................................................................................................28
GRIEVANCE PROCEDURE ...................................................................................................29
SAFETY
SAFETY...................................................................................................................................30
SAFETY EQUIPMENT REIMBURSEMENT POLICY...........................................................30
INCIDENT REPORTING.........................................................................................................31
WORKERS' COMPENSATION..............................................................................................31
CONDUCT
ETHICS OF PUBLIC EMPLOYMENT....................................................................................32
ACCEPTINGGIFTS................................................................................................................32
EMPLOYEE ENDORSEMENTS.............................................................................................32
CONFLICT OF INTEREST......................................................................................................32
HARASSMENT .......................................................................................................................32
Definitions of Sexual and Other Forms of Harassment.........................................................33
Scopeof Policy ...................................................................................................................33
ReportingHarassment.........................................................................................................33
Confidentiality ....................................................................................................................34
NoRetaliation.....................................................................................................................34
QuestionsAbout Policy.......................................................................................................34
WORKPLACE VIOLENCE .....................................................................................................34
DRUG AND ALCOHOL POLICY...........................................................................................35
PERSONNEL POLICY MANUAL RECEIPT AND ACKNOWLEDGMENT .........................36
EXHIBITS
Introduction
This policy manual contains personnel policies and procedures for City of Elk River
employees.
The city strives to provide an efficient system of personnel administration for its
employees. This policy manual serves as a guide for administrative actions concerning
city personnel matters and is provided for informational purposes only. It is not a contract
between the city and any of its employees. Although we have attempted to cover matters
that generally apply to employees, this policy manual does not cover every situation that
may arise.
Other than any applicable collective bargaining agreement, this policy manual replaces and
supersedes any and all prior manuals, memos and any other written or oral statements of
employment policies and procedures.
Except as provided by statute or applicable collective bargaining agreement, employment
of all city employees is at-will. This means that the employee has the right to terminate his
or her employment at any time, with or without cause or notice, and that the city has that
same right.
No representative of the city has the authority to alter the at-will nature of an employee's
employment except the City Council by approval of a written contract of employment
executed by the city. No employee has a protectable property interest in his or her
employment with the city.
The policies in this manual shall apply to all city employees unless specifically exempted
by the City Council. Consultants rendering professional services on a fee basis are not
considered city employees.
The city may add to, modify or revise portions of this manual as the city deems
appropriate, with or without prior notice.
This manual may be superseded to the extent that it is inconsistent with state or federal
statute, a collective bargaining agreement entered between the city and its employees, or a
written contract of employment signed by the city.
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Employment
Equal Employment Opportunity
The city pledges to avoid discrimination or harassment of any employee or applicant for
employment because of race, color, creed, religion, sex, age, national origin, sexual
orientation, marital status, veteran status, status with regard to public assistance, physical
or mental disability, ancestry, genetic information, familial status, membership on a local
human rights commission, or any other status protected by state or federal law.
The city prohibits discrimination against or 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 complaint under this policy or assisting with
investigations of complaints made under this policy is also strictly prohibited.
Any person who feels that s/he has been discriminated against should contact the city
administrator or Human Resources.
Employment Status Definitions
Full-Time - : A regular work schedule consisting of 2,080 hours per year.
Part-Time - : A regular work schedule of less than 2,080 hours per year, generally
over the 12 months.
Orientation Period. - First six months of initial employment, following a
promotion, reassignment or transfer.
Regular - --.An employee who has completed his or her Orientation Period.
Seasonal- : A position assigned to work part of the year, typically not form more
than one hundred twenty (120) days in any consecutive 12-month period.
Temporary - : A part- or full-time position scheduled to work with a defined start
and termination date or duration of a special project. The position does not qualify for
benefits or seniority credit.
Elected or Appointed Official- =A person elected as Mayor or Councilmember or a
person appointed by the Mayor and Council to serve on a city commission or board.
Applicant - -. Any person applying for a paid or volunteer position.
Work Rules
In accepting employment with the City of Elk River, employees become representatives of
the city and are responsible for assisting and serving the residents for whom they work.
Employees shall exhibit conduct that is ethical, professional, responsive, and of standards
becoming of a city employee. To achieve this goal, employees must adhere to established
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policies, rules, and procedures and follow the instructions of their supervisors.
All City of Elk River employees are expected to meet the following job requirements:
• Perform assigned duties satisfactorily and to the best of their abilities at all times.
• Render prompt and courteous service to the public at all times.
• Read, understand, and comply with the rules and regulations as set forth in these
Personnel Policies as well as those of their departments.
• Conduct themselves with decorum toward both residents and staff and respond to
inquiries and information requests with patience and courtesy.
• Report any and all unsafe conditions to the immediate supervisor.
• Maintain good attendance.
Orientation Period
The Orientation Period is an integral part of the employment process in which the city and
the new employee should consider whether the employment is mutually satisfactory.
The Orientation Period consists of the first six (6) months of employment. During the
period, the city will observe the employee's work to determine whether the employee
demonstrates that s/he is qualified for the position to which s/he was appointed.
Performance, skills, ability, and other factors observed and demonstrated during the period
are evaluated by the employee's supervisor in order to determine whether the employee
will be retained. If the employee does not meet established standards, and there is reason to
believe, in the city's sole discretion, that a longer review period is needed, the Orientation
Period may be extended to a total of 12 months.
Upon satisfactory completion of the Orientation Period, the employee will become a
regular employee. This does not imply employment is permanent.
Employees promoted or appointed to new positions must successfully complete a six
month Orientation Period. If found during the orientation to be unsuited for the position,
the city, at its sole discretion, may reinstate the employee to his/her former position and
former rate of pay. Reinstatement is not guaranteed.
All employees, regardless of classification, status or length of service are expected to meet
and maintain city standards for job performance and behavior.
Compensation
Employees will be compensated according to the compensation plan approved by the City
Council. The city will develop and maintain a compensation plan for all positions in
accordance with federal and state laws. This plan may be reviewed and changed
periodically at the sole discretion of the city.
Under the Minnesota Wage Disclosure Protection law, employees have the right to tell any
person the amount of their own wages. While the Data Practices Act (Minn. Stat. §13.43),
specifically lists an employee's actual gross salary and salary range as public personnel
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data, Minnesota law also requires wage disclosure protection rights and remedies to be
included in employer personnel handbooks. To that end, and in accordance with Minn.
Stat. §181.172, employers may not:
• Require nondisclosure by an employee of his or her wages as a condition of
employment,
• Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages;
• Take any adverse employment action against an employee for disclosing the
employee's own wages or discussing another employee's wages which have been
disclosed voluntarily.
• Retaliate against an employee for asserting rights or remedies under Minnesota
Statute §181 172, subd. 3
The city cannot retaliate against an employee for disclosing his/her own wages. —An
employee's remedies under the Wage Disclosure Protection law are to bring a civil action
against the city and/or file a complaint with the Minnesota Department of Labor and
Industry at (651) 284-5070 or 1/800-342-5354.
Work Week
Work schedules will be established by the appropriate department director with the
approval of the city administrator. The regular workweek for regular full-time employees
is 40 hours per week. The regular workweek for regular part-time employees is less than
40 hours per week. Unless otherwise provided, the normal workday will begin at 8:00 a.m.
and end at 4:30 p.m. The normal workweek will consist of five consecutive workdays,
Monday through Friday.
Flex-time arrangements must be approved by the department director and city
administrator. The department director or city administrator may deny requests for flex-
time at their sole discretion. Flex-time arrangements shall not negatively affect service
levels. Employees with flex-time arrangements may be asked to adjust their schedules
periodically or to discontinue flex-time in order to accommodate vacations, sick leave, or
other issues within the department.
City Hall Summer Office Hours
The mer-i3efied Office Hours were aApproved by c-City Coseuncil action
on March 17, 2014, and
s shall be the business period between Memorial Day and the Friday pg=preceding
Labor DU.
• City Hall Summer Office Hours shall be staffed as follows:
7:30 a.m. to 5:00 p.m. Monday—Thursday
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7:30 a.m. to Noon, Fridays
• All City Hall customer service desks shall be staffed during Summer Office Horurs,
including the Main Entrance, Parks and Recreation, Planning, Building Safety, and
Permitting.
• All City Hall services will be available during the period of Summer Office Hours.
Employee Schedule
• Supervisors shall set a schedule with their employees for the Summer Office Hours
period or review a schedule with their employees at the beginning of each work
week.
• Employees working 7:30 a.m. to Noon on Friday shall work one 8.5 hour day
another day of the same week.
• Summer Office Hours shall not create overtime for any non-exempt employees.
Flex-time Arrangements
Employees approved to work a Flex-time Arrangement shall determine their Summer
Office Hours Flex-time Arrangement with their supervisor prior to the beginning of
Summer Office Hours period.
Employee Leave (vacation, compensatory, or sick time offs
• All City Hall employees taking leave on a Friday during the Summer Office Hours
period shall take four (4) or four and one half (4.5) hours leave for that day
depending on their Summer Office Hours schedule.
• All City Hall employees taking leave on a Monday through Thursday shall take
eight and one half(8.5) or nine (9) hours of leave for each day depending on their
Summer Office Hours schedule.
Holidays
• For holidays that fall on Monday through Thursday, eight (8) hours of holiday shall
be paid and one (1) hour of vacation of compensatory time shall be used or one (1)
additional hour of work may be performed on another day of the same work week
with Department Director approval.
• For holidays that fall on Friday, employees will take four (4) or four and one half
(4.5) hours of holiday time and utilize their remaining four our (4) or three and one half
(3.5) hours of holiday time, with supervisor approval, at another time during the
same pay period.
� e
Paydays
As provided by Minnesota law, all employees are required to participate in direct deposit.
Employees will be paid biweekly on alternate Fridays, adjusted according to bank holiday
schedules.
5
rrrn2srcccs
week fef payment on Ff4day. Timesheets submitted aftef!the deadline will not be paid ttfitil
the fell ill week. in aeeE)f!da-nee with the Fair Labor Standards Ae-t-OT Q A I
hE)ttf!S Ifeave time ttsed by non exempt employees af!e to be f!eeefded daily.
Repefting false infeffnation en a fifne sheet may be ea-use fet!immediate tetimnation.
Timekeeping
An accurate record of hours worked and any leave time used by nonexempt employees is
necessary to comply with the provisions of the federal and state Fair Labor Standards Acts.
Elk River utilizes a schedule-based electronic timekeeping system. Employee work
schedules are set by supervisors before each work period. Any deviation to an employee's
work schedule shall be immediately updated in the timekeeping system. It is the
employee's responsibility to ensure their time records are maintained accurately.
Time off and overtime requests shall be made by the employee through the timekeeping
system and shall be approved or denied by the supervisor through the timekeeping system.
Requested leave (vacation or compensatory time) must be submitted to supervisors through
the timekeeping system with as much advance notice as possible. Leave requests are not
final until approved by the supervisor in the timekeeping system.
Employees are provided secure access to their time records and shall not share their
password with co-workers.
The hours reflected in the timekeeping system are the hours employees will be paid for
each pay period. It is the employee's responsibility to monitor their hours to ensure they
accurately reflect the hours worked. If the employee feels there is a discrepancy, it is their
responsibility to bring it to the attention of their supervisor. Supervisors are responsible to
ensure employees are maintaining their time records accurately_
Exempt employees are required to request leave time off through the timekeeping system
and ensure their time records are accurate.
Your finalized work schedule and approved exceptions signifies physical approval of your
time record per FLSA and state statutes.
Reporting false information is a crime and shall result in disciplinary action up to and
including immediate termination.
Overtime and Compensatory Time for Non-Exempt Employees
The City Council considers and approves projected overtime expenses in the annual budget
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process. Department directors and division managers must manage overtime costs in
accordance with their budget and exceptions must be communicated in writing with the
city administrator.
Overtime
All employees may be required to work overtime as requested by their supervisor. Refusal
to work overtime as requested may result in disciplinary action. Supervisors will make
reasonable efforts to balance the personal needs of their employees when assigning
overtime work.
All overtime must be authorized in advance by the employee's supervisor. An employee
who works overtime without prior approval may be subject to disciplinary action. Non-
exempt employees (eligible for overtime pax) are not authorized to take work home or
work through lunch without prior approval from their supervisor.
The city complies with applicable state and federal laws governing accrual and use of
overtime. Only employees to whom the overtime provisions of the state and/or the federal
FLSA apply are required to be compensated for overtime work. The city administrator and
human resource representative will determine whether each employee is "exempt" or"non-
exempt" in accordance with federal law.
Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-
half times their base hourly rate for hours worked over 40 in one workweek. However,
non-exempt employees employed in fire protection or law enforcement activities may be
paid overtime based on the 7(k) exemption as defined by the FLSA (29 U.S.C. § 207(k)).
Vacation, sick, compensatory, and bereavement leave hours taken during the workweek do
not count toward "hours worked" for purposes of overtime. Holiday time off pursuant to
the Holidays policy below generally will count toward "hours worked" for non-exempt
employees. Emerge-ney ea" eut he s, as detefmin°aeae-paftme-nom dkeeter
weekend fetation hettt!s ,�vill be eempensated as eveftifne hottt!s and will be paid at time and
ene half-.
Compensatory Time
Overtime compensation will be paid for overtime hours, unless the employee and
department director mutually agree in advance of performance of the work that the
overtime will be banked as compensatory time in lieu of overtime compensation.
Employees may request and use compensatory time off in the same manner as other leave
requests. Compensatory time must be marked as such on timesheets, both when it is earned
and used. Overtime hours not specified as compensatory time will be paid with overtime
compensation. Finance maintains compensatory time records.
Employees may accumulate and "bank" up to 40 hours of compensatory time. As
compensatory time off is utilized, additional compensatory time may be banked, not to
exceed 40 hours. Overtime earned after 40 hours of banked compensatory time will be paid
7
at the overtime rate. No more than forty (40) hours of compensatory time may roll over
from one calendar year to the next.
Stfeet and Equipment Serviees employees will tfaek eempensatefy tiffle based OR a
"Nevembef 1 t Oetebef31 ealendaf yeaf. NE) f e than 40 b,ettfs may be�,ate
Oetebef 31 to NevembeF-4-.-Upon termination of employment, employees will be paid for
all accrued but unused compensatory time.
Call Out and Premium Pay
Employees called to work on an unscheduled or emergency basis shall receive a minimum
of two (2) hours eall pay.
Weekend rotation hours will be compensated as overtime hours and will be paid at time
and one half.
Liquor store employees performing floor refinishing or product inventory on a Sunday will
receive premium pay of one and one half times their regular rate of pay for their hours
worked.
Overtime pay for holidays is explained in the Holidays section of this manual.
Time off for Exempt Employees
Positions classified as Exempt do not qualify for overtime compensation per the FLSA.
Exempt employees are expected to work the hours necessary to meet the performance
expectations outlined by their supervisors, the city administrator, and the City Council.
Generally, to meet these expectations, an exempt employee is often required and expected
to work in excess of forty (40) hours per week.
Exempt employees are required to use paid leave when on personal business or away from
the office for a significant part of the work day. Absences of a few hours do not require the
use of paid leave as it is presumed that the employee works in excess of 40 hours per week.
Exempt employees shall communicate their absence to the city administrator or his/her
designee. _Personal time off shall not be on a one-for-one basis with excess hours worked.
Report of Employee Information Changes
The city attempts to maintain complete and accurate employee information and complies
with data privacy laws. It is important that your permanent personnel records are kept
accurate and up-to-date. Immediately notify human resources when there is a change in
any of the following:
• Name (through marriage or otherwise)
• Address
• Marital status
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• Beneficiaries for life insurance and retirement
• Telephone number
• Person to contact in case of emergency
• Other changes which may affect benefits coverage
Minnesota Government Data Practices Act
Pursuant to the Minnesota Government Data Practices Act (DPA) data are categorized as
private, non-public, or confidential. All data is public unless classified otherwise. In many
circumstances, data may not be disclosed except with authorization of the subject of the
data or pursuant to court order. In compliance with the DPA, employees are strictly
prohibited from disclosing to a third party, within or outside the city, any personnel data,
data relating to pending civil legal actions, or any other data that might be classified as
private, non-public, or confidential, without the city administrator's express authorization.
The City Council appoints the city administrator as the responsible authority to administer
the requirements for collection, storage, use, and dissemination of data. Refer to the city's
Guidelines and Procedures for the Minnesota Government Data Practices Act for
additional information.
Performance Appraisals
Performance appraisals are an opportunity for employees, supervisors, and the city to
assess employee job performance. The performance appraisal 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 established
performance standards for their position.
Performance appraisal forms generally will be maintained in the employee's personnel file.
Immediate supervisors will conduct performance appraisals annually, and may conduct
formal or informal performance appraisals more frequently if necessary or prescribed by
the city administrator or the department director. The performance appraisal usually will be
in writing and must be signed by the employee and supervisor. Signing of f the performance
appraisal document by the employee acknowledges the review has been discussed with the
supervisor and does not necessarily constitute agreement. Failure to sign the document by
the employee will not delay_processing. Employees do not have the right to change or
grieve their performance appraisal, but may submit a written response which will be
attached to the performance appraisal.
Attendance
9
Every employee has an important role in maintaining a productive workplace. Therefore, it
is essential that all employees report to work every day as scheduled. 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,
s/he 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.
Rest/Meal Break
Non-exempt, full-time employees shall receive a paid rest break not to exceed fifteen (15)
minutes away from job duties on one occasion during each four (4) hour work shift. Part-
time employees shall receive a paid rest break not to exceed fifteen (15) minutes during a
work period of four hours.
Rest breaks cannot exceed fifteen minutes, including the time required to get to and from a
rest break area.
All employees scheduled to work six or more hours per shift are required to take a half-
hour, unpaid meal break.
Employees of Northbound and Westbound Liquor are required to stay "on duty" in the
building and be reachable by other employees should their assistance be required during
their break. In consideration ofer this, Northbound and Westbound Liquor employees are
paid during their break time.
Employees may not purposely miss rest breaks in order to accumulate time to leave early
at the end of the day; all rest breaks and meal breaks must be taken.
Employment of Relatives
All employees are hired as the most qualified candidate based on qualifications, skills, and
ability. Employment is not restricted to more than one member of a family (including
spouse, children, parents, siblings, in-laws or other immediate relative). No family member
will be hired where:
1. One family member would have the authority or practical power to supervise,
appoint, remove, or discipline the other;
2. One family member would be responsible for auditing the work of the other;
3. Circumstances exist which would place the family member in a situation of actual
or reasonable foreseeable conflict between the city's interests and their own; and
4. Where the family member has a relative who is employed by an organization with
whom the city has business dealings, and in the city's judgment, considering the
position and job responsibilities of both the employee and family member would
10
create an appearance of improper influence or favor or would jeopardize the
confidentiality of data maintained by the city.
Supplemental Employment
Elk River does not restrict employees from engaging in outside employment. However,
regular, full-time employees are expected to consider city work their primary employment.
Employees may not engage in outside employment that interferes with the performance of
one's city duties, that represents a conflict of interest, or that may influence or bias an
employee's job related decision making ability.
The city will not adjust work hours to facilitate the scheduling of outside employment. If a
supervisor believes an employee's outside employment is detrimental to the city 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, s/he may be
subject to discipline up to and including termination.
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Separation from Employment
Resignation
Proper notice is required for resignation. Employees resigning city employment must
submit a written resignation to their supervisor at least ten (10) working days prior to the
anticipated resignation date; department directors must provide twenty (20) working days
written notice to the city administrator prior to the anticipated resignation date. Only actual
work days may be used for proper notice, use of vacation, sick or compensatory time for
proper notice is prohibited.
With proper notice, the employee will be compensated for any accrued, unused vacation
time s/he was eligible to use during that year. If eligible, s/he may also be compensated for
a portion of banked sick leave as stated in the Severance Pay Section of this policy manual.
Non-exempt employees will be compensated for any accrued but unused compensatory
time as of the date of separation.
An unauthorized absence from work for a period of three (3) or more working days may be
considered a resignation without proper notice.
Failure to comply with this notice procedure may be considered reason for denying an
employee future employment with the city.
Retirement
Employees who retire from employment may be eligible for retirement programs as
provided by state or federal law.
Layoffs
The City Council has the authority to lay off any employee when such action becomes
necessary as determined in the city's sole discretion. The city will attempt to provide a ten
(10) working day notice prior to a layoff.
Severance Pay
An employee resigning employment may be eligible for a cash payment for a portion of
unused sick leave if the following conditions are met:
1. The employee must resign in good standing, not terminated by the city; and
2. S/he must provide proper notice of resignation as stated above; and
3. S/he must execute a release of claims; and
4. S/he must have completed two (2) consecutive years of service.
The severance payment is calculated at fifty percent (50%) of the accumulated sick leave
balance up to a maximum paid of four hundred eighty (480) hours. _Payment shall be at the
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rate of pay when the resignation is submitted.
Accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for a
severance payment. Sick leave shall continue to accumulate in excess of nine hundred sixty
(960) hours to be used in accordance with the Family Medical Leave Act.
In his/her sole discretion, the city administrator may grant exceptions to the two (2) years
of service condition.
Exit Interviews
Human Resources shall conduct a brief interview with each employee separating from city
employment. The interview seeks to identify employee morale trends triggered by policy
concerns, management / communication gaps, workload levels and the general work place
environment.
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Leave Benefits
Vacation Leave
Paid vacation leave is provided for regular, full-time employees and on a prorated basis for
eligible part-time employees. To be eligible, part-time employees must work a set schedule
with a minimum of forty (40) hours per biweekly pay period. Temporary and seasonal
employees are not eligible for vacation benefits.
Vacation leave is accrued based on consecutive years of leave-eligible service. Employees
accrue vacation leave at the following rates:
Length of Service Accrual Rate
From start of employment through
completion of the 5th year 88 working hours per year
Beginning of the 6d'year through
completion of the 7 t year 112 working hours per year
Beginning of the 8th year through
completion of the 9th year 120 working hours per year
Beginning of the loth year through
completion of the 1 lth year 128 working hours per year
Beginning of the 12th year through
completion of the 13th year 136 working hours per year
Beginning of the 14th year through
completion of the 15th year 144 working hours per year
Beginning of the 16th year through
completion of the 17th year 152 working hours per year
Beginning of the 18th year 160 working hours per year
Beginning of the 19th year 168 working hours per year
Beginning of the 20th year 176 working hours per year
Beginning of the 21"year 184 working hours per year
Beginning of the 22nd year through
completion of the 24th year 192 working hours per year
Beginning of the 25th year and thereafter 200 working hours per year
14
Employees must receive department director approval before taking vacation leave.
Orientation Period employees may not use vacation leave unless otherwise authorized by
the city administrator. Employees taking more than two (2) consecutive weeks of vacation
or a combination of vacation and compensatory time must obtain prior approval from the
city administrator. The city will make every effort to grant vacation time as requested, but
reserves the right to deny or approve vacation schedules.
Regular, full-time and regular, part-time employees may carry up to 240 hours of unused
vacation forward from one year to the next. Employees will maintain their ability, per City
Council action on June 7, 2010, to annually carry forward vacation hours at twice their
annual accrual rate until December 31, 2015.
Sick Leave
Sick leave is not a privilege or vested right that an employee may use at his/her discretion.
Eligible employees may use sick leave only for the following:
1. Personal illness or injury;
2. To attend medical and dental appointments;
3. To care for sick dependentsfamily members;
4. To take dependents family members to medical and dental appointments;
5. Up to five days per calendar month to care for seriously ill family members who
may not live with the employee. For purposes of this provision, "seriously ill" shall
be determined at the sole discretion of the city administrator;..
6. Safety Leave—Employees may use sick leave for reasonable absences to provide or
receive assistance because they, or a family member, is a victim of sexual assault,
domestic abuse, or stalking.
For the purpose of this section, family member is defined as the employee's stepchild,
biological, adopted or foster child, adult children, spouse, sibling, parent, mother-in-law,
father-in-law, grandchild, grandparent, and stepparent. -Sick leave use for the employee's
adult children, spouse, sibling, parent, mother-in-law, father-in-law, grandchild,
grandparent, and stepparent is limited to 160 hours (combined) in a 12-month period. -The
12 months begins on the first day the employee uses leave for this purpose. -Stepchild,
biological, adopted or foster child not subject to the 160 hours limit must be under 18 years
of age or under 20 years of age if still attending secondary school.
Paid sick leave is provided for regular, full-time and on a prorated basis for eligible part-
time employees. Regular, full-time employees accrue sick leave at a rate of eight (8)
working hours for each calendar month. To be eligible, part-time employees must work a
set schedule with a minimum of forty (40) hours per biweekly pay period. Temporary and
seasonal employees are not eligible for sick leave.
There is no limit on the amount of accrued sick time that can be accumulated and carried
forward from one year to the next.
Employees must notify their immediate supervisor at least thirty (30) minutes before the
start of their regular start time if s/he intends to be absent from work. If an emergency
15
prevents the employee from notifying the immediate supervisor, s/he must call the
immediate supervisor as soon as possible during the workday. Employees are required to
keep their immediate supervisor informed of their anticipated return to work.
An employee attempting to use sick time for reasons other than those explicitly permitted
in this policy will be subject to disciplinary action up to and including termination.
A doctor's note shall be required if an employee is absent more than four (4) days or if
abuse of sick leave is suspected. In some circumstances, an employee may be requested to
submit to a medical examination by a physician or medical facility licensed to practice
medicine. In such a circumstance, the city may select the physician and facility that will
conduct the examination.
Sick Leave Donation
With the written consent of the city administrator, employees may donate equal shares of
sick and vacation leave to fellow employees experiencing a major illness such as, but not
limited to, heart attack, stroke, organ transplant, or other illness all of which must be
supported by a physician's diagnosis, or a catastrophic accident with serious injuries
supported by a physician's diagnosis.
An employee will be eligible to receive donated leave:
1. If the employee currently earns sick leave.
2. Only after all of the employee's own sick, vacation, compensatory, or other leaves
have been exhausted.
3. Only for normal work hours lost due to the illness for which the leave is donated.
4. Only for time not covered by disability insurance or workers compensation.
5. Up to a maximum of 240 hours.
6. If the physician's diagnosis indicates that the employee will be able to return to
work after rehabilitation or recovery.
The donated leave must be used concurrently with FMLA leave and must be used within
12 weeks of the date of the illness. Donated sick leave not used within 12 weeks will be
forfeited. If the condition of the employee receiving donated leave improves so that s/he is
able to return to work either in a light duty capacity, if work is available, or to his/her
normal work schedule, any donated leave time shall be forfeited.
An employee may donate up to 16 hours of equal shares of sick and vacation per recipient
per year made in increments of not less than eight (8) hours. The employee must complete
a Leave Donation Form to donate leave. All donations will remain anonymous.
Donated leave will be paid at the recipient's current rate of pay. Donated hours do not
qualify to be included as part of sick leave for the severance pay calculation.
This policy applies on a prorated basis for part-time employees eligible for sick leave.
16
Holidays Leave
Regular, full-time employees are eligible to receive pay for the following holidays:
• New Year's Day • Veterans Day
• Martin Luther King, Jr. Day • Thanksgiving Day
• Presidents Day • Friday after Thanksgiving
• Memorial Day • Christmas Eve
• Independence Day • Christmas Day
• Labor Day
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. To be eligible, part-time employees must work a set schedule with a minimum of
forty (40) hours per biweekly pay period.
Temporary and seasonal employees are not eligible for holiday pay.
For employees working a Monday through Friday workweek, holidays occurring on
Saturday will be observed the preceding Friday and holidays occurring on Sunday will be
observed on the following Monday.
When a holiday falls during an employee's vacation or sick leave, the employee will not be
charged with vacation or sick leave for the holiday hours; the hours will be considered
holiday leave.
Although the city prefers that employees enjoy the observed holidays, emergencies may
arise. If a non-exempt employee is required by his/her supervisor to work on a holiday,
°teethe hours worked(in addition to holiday pay) shall be paid as follows:
1. Regular, full-time and regular part-time employees shall be paid time and one-half.
2. Snow plow ^„°ratefs Employees performing emergency or mission critical snow
removal shall be paid double time for hours worked on a holiday. -For the purpose
of this section, the additional pay applies on the actual holiday if different from the
day observed by the city.
3. Firefighters shall be paid double time for emergency response and scheduled Fire
Watch hours worked on New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving, Christmas Day (December 25) and Christmas Eve.
4. Part-time, seasonal or temporary employees will earn time and one half on the
following four holidays
• Independence Day
• Christmas Day
• New Year's Eve after 4:30 p.m.
• New Year's Day
17
5. Liquor store employees may be required to work certain holidays. If a regular, full-
time liquor store employee works on a day designated as a holiday as listed above,
the employee may take another day (eight hours) off in lieu of the holiday. Non-
exempt liquor store employees will be paid at one and one-half times their regular
base rate for working the following days:
• After 4:00 p.m. on New Year's Eve
• New Year's Day
• Memorial Day
• Independence Day
• Labor Day
• Christmas Eve Day
Leaves of Absence
The city provides leaves of absence according to the following policies. Unless otherwise
indicated, all leaves of absence are unpaid. An employee requesting a leave of absence
must complete a Request for Leave of Absence form. Forms for requesting a leave of
absence are available on ShafePoint Access Elk River or from HRthe Tina ee depa tment.
When possible, advance notice of a leave should be provided to an employee's department
director so work schedules can be adjusted accordingly.
Family and Medical Leave
To qualify, an employee must meet the following conditions:
• Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is
to commence. The 12 months or 52 weeks need not have been consecutive,
however, the city will not consider any service 7 years prior to the employee's most
recent hire date.
• Have worked at least 1,250 hours during the 12-month period prior to the date
when the leave is requested to commence. The principles established under the Fair
Labor Standards Act (FLSA) determine the number of hours worked by an
employee. The FLSA does not include time spent on paid or unpaid leave as hours
worked. Consequently, these hours of leave should not be counted in determining
the 1,250 hours eligibility test for an employee under the Family and Medical
Leave Act (FMLA).
Leave will be granted to all eligible employees for any of the following reasons:
• The birth of a child, including prenatal care, or placement of a child with the
employee for adoption or foster care;
• To care for a spouse, child or parent who has a serious health condition;
• Due to a serious health condition that makes the employee unable to perform the
essential functions of the position, and
14
• A covered military member's active duty, call to duty, or to care for a covered
military member (Military Caregiver and Qualified Exigency Leave, described
below).
Definitions
"Caring - " for- ^ er-e f m y ,r mbef i elude, Ppsychological as well as physical
care. It also includes acquiring care and sharing care duties for a covered family member.
AmreEligible "child - defined as Aa person under 18 years of age (or a person
incapable of self-care because of a physical or mental disability) who is a biological,
adopted, foster, or step child, a ward of the employee, or a person with whom the
employee is charged with a parent's rights, duties and responsibilities.
Spouse" - -Ddoes not include domestic partners or common-law spouses.
AmreEll ig ble -'parent" �N - Aa biological parent or a person who was charged
with parental rights, duties and responsibilities over the employee when the employee was
under the age off 18; ��doesn't include in-laws.
"Serious Health Condition - --Aas defined under the FMLA means an illness, injury,
impairment, or physical or mental condition that involves one of the following_
a) Hospital ny-:::pPeriod of incapacity or treatment connected with
inpatient care (i.e., an overni hhtay) in a hospital, hospice, or residential
medical care facility.:
b) Period of incapacity due to pregnancy, prenatal medical
care or child birth.;
c) Absenee Pitts-zr ept:::"Period of incapacity of more than three
consecutive calendar days that also involves continuing treatment by or under
the supervision of a health care provider (Absence plus treatment).
d) Chr-enie Conditions Re Treatinents. An ineapagityIncapacity from a
chronic condition which requires periodic visits for treatment by a health care
pre idef,provider continues over an extended period of time and may cause
episodic rather than a continuing period of incapacity_;
e) Permanent/Long-term cEonditions rRequiring sSupervision.;
fl Multiple Tr-e ents: AnyTPeriod of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care provider or by a
service provider of health e==fe serviees under orders of, or on referral by, a
health care provider.
g) � Inability to work, attend school or perform other
regular daily activities (incapacity).
15
Length and Amount of Leave
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month
period. The leave year is calculated based on a rolling year basis measured backwards from
the time the employee uses leave.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires
twelve (12) months after the birth or placement of that child.
How Leave May be Taken
FMLA leave may be taken in consecutive weeks, may be use intermittently (a
day periodically whonas needed), or may be used to reduce the workweek or workday,
resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12
workweeks.
Intermittent Lleave may be taken when medically necessary for the employee's serious
health condition or to care for a seriously ill family member. Intermittent leave must be
documented in the medical certification form as medically necessary_
If an employee is takinge intermittent leave or leave on a reduced schedule for
planned medical treatment, the employee must make a reasonable effort to schedule the
treatment so as to not disrupt the Ccity's business.
In instances when intermittent or reduced schedule leave for the employee or employee's
family member is foreseeable or is for planned medical treatment, including recovery from
a serious health condition, the cCity may temporarily transfer an employee to an available
alternative position with equivalent pay and benefits if the alternative position would better
accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed
adopted or foster care child only with the City's approval.
Notice
All employees requesting FMLA leave must provide written or verbal notice of the need
for the leave to the employee's supervisor or human resources.
When the need for the leave is foreseeable, the employee must give verbal or written notice
to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin.
If thirty (30) days' notice cannot be ig ven, the employee is required to give as much notice
as practicable, including following required call-in procedures.
If an employee fails to give thirty(30) days' notice for a foreseeable leave with no
reasonable explanation for the delay, the leave may be denied until thirty (30) days after
the employee provides notice.
Certification and Documentation Requirements
For leave due to an employee's serious health condition or a family member's, the Ccity
will require the completion of a Medical Certification fForm by the attending physician or
16
practitioner. The form must be submitted to human resources within fifteen (15) calendar
days after requested. If the form is not submitted in a timely fashion, the employee must
provide a reasonable explanation for the delay. Failure to provide medical certification
may result in a denial or delay of the leave.
The Ecity may require an employee obtain a second opinion from a provider which the
Ecity selects. If necessary to resolve a conflict between the original certification and the
second opinion, the Ecity may require the opinion of a third doctor. This third opinion will
be considered final. An employee will be provisionally entitled to leave and benefits under
the FMLA pending the second and/or third opinion.
When 1Leave is due to an employee's own serious health condition, a fitness for duty
certification (FFD) may be required before an employee can return to work. Failure to
timely provide such certification may eliminate or delay an employee's right to
reinstatement under the FMLA.
If an employee is using intermittent leave, and reasonable safety concerns exist regarding
the employee's ability to perform his or her duties, a FFD certificate may be required as
frequently as every 30 days during periods when the employee has used intermittent leave.
Recertification
Recertification of the need f f4ea-ve may be required if the employee requests an extension
of the original approved leavength a3i3feved by the City or if the circumstances regarding
the leave have changed. Recertification may also be required if there is a question as to the
validity of the certification or if the employee is unable to return to work due to the serious
health condition.
Reinstatement
Employees returning from Family and Mediea T e - eFMLA will be reinstated in the same
position or a position equivalent in pax, benefits and other terms and conditions of
employment.
An employee's reinstatement rights are the same as they would have been had the
employee not been on leave. Thus, if an employee's position would have been eliminated
or an employee would have been terminated but for the leave, the employee would not
have the right to be reinstated upon return from leave.
Notice of Intent to Return from FMLA Leave
The cEity requires an employee on FMLA leave to report periodically on the employee's
status and intent to return to work.
Effect on Benefits
An employee granted leave under this policy will continue to be covered under the Ecity's
group health and dental insurance plan under the same conditions and at the same level of
Ecity contribution as would have been provided had they been continuously employed
during the leave period. All paid benefits run concurrently with unpaid FMLA benefits.- If
17
there are changes in the Ccity's contribution levels while the employee is on leave, those
changes will take place as if the employee were still on the job.
The employee will be required to continue payment of the employee portion of group
insurance coverage while on leave. -Arrangements for payment of the employee's portion
of premiums must be made by the employee with the Cci .
Failure to Return to Work after FMLA
Under certain circumstances, if the employee does not return to work at the end of the
FMLA leave for at least 30 calendar days, the Ccity may require the employee to repay the
portion of the monthly cost paid by the Ccity for group health plan benefits. The Ccity may
also require the employee to repay any amounts the Ccity paid on the employee's behalf to
maintain benefits other than group health plan benefits.
If an employee does not return to work following 12 weeks of FMLA leave, the employee
may be subject to COBRA continuation.
If the employee fails to pay the C-city a portion of the premiums for which s/he of-,he--is
responsible during the FMLA leave and the employee fails to return to work, coverage
may end. Loss of coverage for failure to pay premiums is not a qualifying event for
purposes of continuation coverage under COBRA.
If the employee does not return from the FMLA leave and coverage ended sometime
during the FMLA leave due to lack of payment, there is no COBRA election available. For
COBRA to apply, the employee must have been covered on the day before the qualifying
event. In this situation, the qualifying event would occur at the time the employee did not
return from the leave.
Activities Prohibited During FMLA
While on leave, a-n--employees may not engage in activities (including employment)
whit-hth have-the same or similar requirements and essential functions of an employee's
current position.
While on leave Employees ma)-shall not engage in activitiesy that conflicts with
the best interests of the cEity. Such conduct will result in disciplinary action up to and
including termination of employ e4A
Seniori
Seniority does not accrue during any period of unpaid FMLA except as allowed when the
leave is covered by worker's compensation. However, seniority accrued prior to
commencement of FMLA leave will not be lost.
Use of Accrued Paid Leave or Compensatory Time dDuring Famil , and Algid eni
LeawFMLA
Paid leave wiII7-runs concurrently with FMLA leave. -The use of sick leave shall be for
reasons allowed according to the Sick Leave Policy. -Prior to taking unpaid FMLA leave,
employees must use all but 40 hours of accrued sick leave (unless use is not applicable to
policy), all but 40 hours of accrued vacation leave, and all compensatory time pfior-!e
18
taki an „ai lea-ve unless their medical condition/injury is covered by wWorker's
c-Compensation or the absence qualifies under the state Parental Leave law (see Parental
Leave Policy).
Additional Leave
Employees who cannot return from an approved FMLA leave at the end of the approved
leave period may request an extension (up to the maximum of twelve (12) weeks allowed
under FMLA). -If the twelve (12) FMLA weeks have already been used, the employee can
request to go on a regular unpaid leave of absence. If approved, before unpaid leave begins
the employee must use any accrued sick leave, compensatory time, or vacation leave that
remains. If the leave is approved and unpaid, the employee will be required to pay the full
cost of all group insurance, as provided under COBRA, in order to continue coverage.
If the unpaid leave of absence is not approved or the employee fails to request additional
leave, the employee will be considered to have voluntarily resigned. If circumstances
beyond the employee's control prevented the employee from requesting additional leave, a
retroactive leave request may be allowed, subject to the City Council's approval.
FMLA— Qualified Exigency and Military Caregiver Leave
Qualified Exigency
Eligible employees whose spouse, son, daughter or parent either has
been notified of an impending call or order to covered active military duty or who is
already on covered active duty may take up to 12 weeks of leave for reasons related to or
affected by the family member's call-up or service.
The qualifying exigency must be one of the following_
1) 4)-§Short-notice deployment
2) :::' Military events and activities
3) T3) eChild care and school activities}
4) Ffinancial and legal arrangements )
5) Ceounseling
6) Rrest and recuperation
7) -Ppost-deployment activities
8) 8)—Aadditional activities that arise out of active duty, provided that the
employer and employee agree, including agreement on timing and duration
of the leave.
Military Caregiver Leave
An employee eligible for FMLA leave (described above) who is the spouse, son,
daughter, or parent, or next of kin of a covered servicemember may take LIP to 26 weeks in
a single 12-month period to take care of leave to care for that servicemember.
The family member must be a current member of the Armed Forces, including a member
of the National Guard or Reserves, or a member of the Armed Forces, the National Guard
or Reserves who is on the temporary disability retired list, who has a serious injury or
illness incurred in the line of duty on active duty for which he or she is undergoing medical
19
treatment, recuperation, or therapy, or otherwise in outpatient status, or otherwise on the
temporary disability retired list.
Eligible employees may not take leave under this provision to care for former members of
the Armed Forces, former members of the National Guard and Reserves, and members on
the permanent disability retired list.
Definitions
A--�Sson/--odDaughter of a covered servicemember ineans the-��
ember' The biological, adopted, or foster child, stepchild, legal ward, or a child
for whom the covered servicemember stood in loco parentis, and who is of any age.
A:�pParent of a covered servicemember - " ineans a eovefed sefvieemember-' sThe
biological, adoptive, step or foster father or mother, or any other individual who stood in
loco parentis to the covered servicemember. This term does not include parents "in law."
"Nnext of kin of a covered servicemember - "I-is the nearest blood relative, other
than the covered servicemember'-s spouse, parent, son, or daughter, in the following order
of priority: blood relatives who have been granted legal custody of the servicemember by
court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles,
and first cousins, unless the covered servicemember has specifically designated in writing
another blood relative as his or her nearest blood relative for purposes of military caregiver
leave under the FMLA.
When no such designation is made, and there are multiple family members with the same
level of relationship to the covered servicemember, all such family members shall be
considered the covered servicemember'-s next of kin and may take FMLA leave to provide
care to the covered servicemember, either consecutively or simultaneously. When such
designation has been made, the designated individual shall be deemed to be the covered
servicemember's only next of kin. For example, if a covered servicemember has three
siblings and has not designated a blood relative to provide care, all three siblings would be
considered the covered servicemember'—s next of kin. Alternatively, where a covered
servicemember has a sibling(s) and designates a cousin as his or her next of kin for FMLA
purposes, then only the designated cousin is eligible as the covered servicemember'-s next
of kin. An employer is permitted to require an employee to provide confirmation of
covered family relationship to the covered servicemember pursuant to § 825.122(i).
"Covered aetiv " me
"Covered active duty",-for-members e f rRegular c-Component of the Armed Forces -
meansdDuty during deployment of the member with the Armed Forces to a foreign
country.
20
"Covered active duty, Rfofrembefs of thezeserve c-Components of the Armed
Forces - (membefs of the U.S. National Gttafa and Reserves) ,,wftn�-Dduty during
deployment of the member with the Armed Forces to a foreign country under a call or
order to active duty in a contingency operation as defined in section 101(a)(13)(B) of title
10, United States Code.
Covered servicemember� -
A member of the Armed Forces (including ^ member- of4he National Guard or
Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in
outpatient status, or is otherwise on the temporary disability retired list, for a serious injury
or illness, or
Aa veteran who is undergoing medical treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed Forces (including a member of the
National Guard or Reserves) at any time during the period of 5 years preceding the date on
which the veteran undergoes that medical treatment, recuperation, or therapy.
"Serious injury or illness- -
• A in the ease of^ mMember of the Armed Forces (including ^ member- of he
National Guard or Reserves) mss-with an injury or illness that was incurred
by the member--in the line of duty on active duty in the Armed Forces (or
existed before the beginning of the member's active duty and was aggravated
by service in line of duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties of the member's
office,,grade, rank, or rating, and
• in the ease of aA -veteran who was a member of the Armed Forces (including -a
member- of h-e National Guard or Reserves) at any time during a period when
the person was a covered servicemember, means a qualifying (as defined by the
Secretary of Labor) injury or illness incurred by a covered servicemember in
the line of duty on active duty that may render the servicemember medically
unfit to perform the duties of his or her office,,grade, rank or rating_
• Outpatient status, with respect to a covered servicemember, means the status of
a member of the Armed Forces assigned to either a military medical treatment
facility as an outpatient, or a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care
as outpatients.
Amount of Leave-Oualied Exi2ency
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
21
Amount of Leave-Military Caregiver
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave
during a"single, 12-month period.'' The single, 12-month periodL' begins en-the first
day the eligible employee takes FMLA leave to care for a covered servicemember and ends
12 months after that date.
Leave taken for any FMLA reason counts towards the 26--week entitlement. If an
employee does not take all of 26 workweeks of leave entitlement to care for a covered
servicemember during theis "single, 12-month period,L' the remainder of the 26
workweeks of leave entitlement to care for the covered servicemember is forfeited.
Certification of Qualifying Exigency for Military Family Leave
The City will require certification of the qualifying exigency for military family leave. The
employee must respond to such a request within 15 days of the request or provide a
reasonable explanation for the delay. Failure to provide certification may result in a denial
of continuation of leave. This certification will be provided using the DOL Certification of
Qualifying Exigency for Military Family Leave
Certification for Serious Iniury or Illness of Covered Servicemember for Military
Family Leave
The cEity will require certification for the serious injury or illness of the covered
servicemember. The employee must respond to such a request within 15 days of the
request or provide a reasonable explanation for the delay. Failure to provide certification
may result in a denial of continuation of leave. This certification will be provided using the
DOL Certification for Serious Injury or Illness of Covered Servicemember
All other provisions of the FMLA policy, including Use of Paid Leave, Employee status
and benefits during g eave, the Procedure for Requesting Leave,eave, Benefits during Leave and
Reinstatement, are outlined above in the FMLA policy_
Family and Nledieal Leave PolieA
Eligible employees at!e entitled ttndef the Family and Medieal Leave Aet (FN4LA) to take
p to 12 weeks unpaid leave .a,,,-inn any 12 m „t1, pefied f f the fell- *--C*
• Cafe f r ., „l.o o newly adopted eh l.a o newly x.laee.1 f stef .hik
• Csp6iisc, son,-aircl- t ef h sefivus hccrrcrrE6iiccitieir
A „t of the .1 to, t being .1
��ir`�€Xz�e�iC�n,� ",vz"r�vrr-cczrc� ccr-vi pirre�i�v€3ii�cair°c-crte
«Ee�e-re�ae ive a„t.,» ;„ he Afnied Ferces
dt t„ .a,,,-inn deployment with the Amied Fefees to ., f ig „t .,
FE)t! ie-mbefs of •, °"2rNTe eemponent of the Anned Fefees (e.g. National Guard of
Resef,ves), eovefed aetive dttty means dttty dttfing deployment with the Anned Foil-e--s
f feign eettntfy, , def ., .,11 of efdef to active dt t„ in a afation.
22
Eligible employees ean take ttp to 26 wot!",eeks of ttnpaid leave dttt!ing a 12 menth petiod
with ., of;11„0ss
illness.
the Pet e t!g6es that fnccrrczcrcrccrcrrr ent, tccdpetirtri9rr-of!-crret!a��
Dttf!ing a single 12 menth pefied, an eligible employee shall be entitled to a eembified total
leave of 26 wE)fk-weeks fE)f leave that falls ttndef the genef!al FN4LA fequifenients and feft
leave , , def the serviee ,,,b e f family leave , „tom
leave.management, eithef! to the pfevi of! equivalent. The employee on FN4LA Leave
will not be eligible fef feinstatement, howevef, if sihe would have been sttbjeet to a wofk
fefee fvduetion of!lay off if working dttf!ing the leave pe
To be eligible fEw FN4LA Leave, employees must have been employed fef at least 12
menths and have wE)fked at least 1,250 hottfs in the 12 menths pfeeeding the The 12 weeks of leave will be ealettlated on a t!olling yeat! basis nieasttt!ed bae",afds ftem
the time the employee ttses leave-.
FN4LA Leave should be sehedttled with the employee's sttpet!viSE)f as faf! in advanee as
possible. if leave is fefeseeable, at least thifty (30) days advanee notiee Should be gt-,--
if employees af!e eligible fef both unpaid FN4LA LeaVe and any paid leave (stieh as
vaeation, eempensatefy time, siek leave, ot! shot!t teffn disability benefits), they at!e
. . 1 to tise stteh paid leave eonetit!fent with theif! unpaid FN4LA Leave, exeept that
employees on leaves dtte to bif!th of adoption need not tise theif! aeefued siek leave o
vaeation dttfing the fifst six weeks of theif leave if they ehoose not to. Ftii4hef, employees
and may not eleet to, ttse othef paid leave eonetiffent with FN4LA leave dttfifig the pefied
if FN4LA Leave is taken dtte to the sefietts health eofldition of the employee of family
leave b-lli— — ---n aftefwafd, while on leave if neeessafy, and ttpE)n fettifn to work. The
citeses y at its r diset!etion and expense, tvctuke a seeend opinion.-
Unless the employee makes speeial at!fangefnents and is ganted peftnission, FN4LA Leave
time. FN4LA Leave taken beea-ttse of the employee's of anothef!'s sefietts health eendition
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may be taken intennittently, all at one time, of in the fenn of a f!edijeed work sehedttle,
depending upon what is medieally neeessaf!y. Leave taken by part time employees in the
12 mon Ifis.
While en leave, health insttf!anee benefits will eentinue in the same mannef as
leave. Employee eE) payments Must be made in a timely mannef - a-ve
„tif oa
Contaet Human Resetif!ees fef! questions about leave entitlements.
Pregnancy and Parenting Leave
eave
Employees who work twenty (20) hours or more per week and have been employed more
than one year are entitled to take an unpaid leave of absence under the Pregnancy and
Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity due
to pregnancy, childbirth, or related health conditions as well as a biological or adoptive
parent in conjunction with after the birth or adoption of a child are eligible for LIP to 12
weeks of unpaid leave and must begin within twelve (12) months of the birth or adoption
of the child. In the case where the child must remain in the hospital longer than the
mother, the leave must begin within 12 months after the child leaves the hospital.
Employee should provide as much notice as possible. If the leave must be taken in less
than three days, the employee should give as much notice as practicable.
Employees are required to use accrued leave (sick leave, vacation leave, compensatory
time) during Parenting Leave. If the employee has any FMLA eligibility remaining at t the
time this leave commences, this leave will also count as FMLA leave. The two leaves will
run concurrently.
The employee is entitled to return to work in the same position and at the same rate of pay
the employee was receiving prior to commencement of the leave. Group insurance
coverage will remain available while the employee is on leave pursuant to the Pregnancy
and Parenting Leave Act, but the employee will be responsible for the entire premium
unless otherwise provided in this policy (i.e., where leave is also FMLA qualifying). For
employees on an FMLA absence as well, the employer contributions toward insurance
benefits will continue during the FMLA leave absence.
Adoptive Parents
Adoptive parents will be given the same opportunities for leave as biological parents (see
provisions for Parenting Leave).eave). The leave must be for the purpose of arranging the
child's placement or caring for the child after placement. Such leave must begin before or
at the time of the child's placement in the adoptive home.
Reasonable Unpaid Work Time for Nursing Mothers
Nursing mothers will be provided reasonable unpaid break time for nursing mothers to
express milk for nursing her child for one year after the child's birth. The city will provide
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a room (other than a bathroom) as close as possible to the employee's work area, that is
shielded from view and free from intrusion from coworkers and the public and includes
access to an electrical outlet, where the nursing mother can express milk in private.
Reasonable Accommodations to an Employee for Health Conditions Relating to o Pregnancy
The city will attempt to provide a female employee who requests reasonable
accommodation with the following for her health conditions related to her pregnancy or
childbirth.
• more frequent restroom, food, and water breaks;
• seating,
• limits on lifting over 20 pounds and/or temporary transfer to a less strenuous or
hazardous position, should one be available.
Unless such accommodations impose an undue hardship on the city. The city will engage
in an interactive process with respect to an employee's request for a reasonable
accommodation.
Siek of l ,oa Child Care Leave
e
Employees worked at least half time &Fing the 12 menths pfeeeding a leave afe
entitled to use aeefued personal siek leave benefits fef absenees "e to an illness of 0
e the employee's miner ehild, E)r- a ehild under 20 yeafs of age attending seeendafy
School ^Conference Leave Policy
Employees who ha-ve—worked at least half time a,,,ing the pf edin. 12 months are entitled
to up to 16 hours unpaid 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 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 city business.
Bone Marrow 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 will be granted—may take up to forty
(40) hours of paid leave. The city may require verification by a physician of the purpose
and length of each leave requested by the employee to donate bone marrow.
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National Guard and Reserve Leave
Any officer or employee 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 s/he 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 service is satisfactorily performed. Such leave will not be
allowed unless the officer or employee:
1. 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
2. Is prevented from returning to employment by physical or mental disability or
other cause not due to the officer's or employee's own fault; or
3. Is required by proper authority to continue in such military or naval service beyond
the time herein limited for such leave.
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, s/he should notify his or her supervisor and request a leave of absence, even if
s/he has not yet received written orders.
In the case of an employee whose period of military service is fewer 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.
Juryk�s Duty Leave and Court Appearances
Employees will be allowed a leave of absence pursuant to state statutes without restriction
or sanction when called for jury duty.
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• An employee performing jury duty or subpoenaed as a witness in court or
voluntarily serving as a witness on behalf of the city in a case in which the city 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.
Victim or Witness Leave
Employees subpoenaed or requested by the prosecutor to attend court for the purpose of
giving testimony related to sexual assault, domestic abuse, or stalking, who is the victim or
is the spouse or immediate family member of such victim, shall be allowed the use of sick
leave for reasonable time off from work to attend criminal proceedings related to the
victim's case. See the Safety Leave under the Sick Leave Policy for additional information.
Bereavement Leave
Regular full-time and regular part-time employees working a minimum of 1,040 hours per
year are permitted a paid Bereavement Leave for the purpose of making arrangements,
attending the funeral, caring for deceased's survivors, gathering with relatives, and/or to
otherwise grieve the loss when a death occurs in their family. Bereavement leave is
prorated for eligible regular, part-time employees according to the number of hours
worked.
Leave with pay is limited to the following:
Up to five (5) days Husband, wife, mother, father, son, daughter, brother, sister,
stepmother, stepfather, Stepson, Stepdaughter, Stepbrother,
and Stepsister
Up to three (3) days Son-Min-Law, daughter-in-law, mother-in-law, father-in-
law, grandparent, or grandchild
One (1) day Aunt, uncle, cousin, niece, nephew, sister-in-law, brother-in-
law, Godchild, grandparents-in-law.
Days off shall be concurrent. If there is a need for days that are not concurrent, those days
shall be arranged with your supervisor and approved by human resources or the city
administrator.
Additional time off for bereavement leave may be granted and charged to vacation leave or
compensatory time, if available. Employees covered by a collective bargaining agreement
shall receive bereavement benefits as stated in the collective bargaining agreement.
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General Leave
The city recognizes that circumstances of a unique personal nature may cause an employee
to seek time off without pay. The city may, at its sole discretion, grant unpaid personal
leaves of absence to employees (General Leave). Approval is required of the employee's
immediate supervisor, the department director and the city administrator 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 city administrator.
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 city 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.
Voting Leave
Per state statute, every employee eligible to vote in an election has the right to be absent
from work for the time necessary to appear at the employee's polling place, cast a ballot
and return to work on the day of that election without penalty or deduction from salary or
wages because of the absence. -The city or other person may not directly or indirectly
refuse, abridge, or interfere with this right or any other election right of an employee.
An election means a regularly scheduled state primary or general election, an election to
fill the vacancy in the office of United States Senator, United States Representative, State
Senator or State Representative, or a presidential primary.
The city will provide an employee with paid time off to serve as an election judge;
provided that s/he gives at least 20 days advance written notice. The city will reduce the
employee's pay by the amount the employee is paid to serve as an election judge.
Administrative Leave
Under special circumstances, an employee may be placed on an administrative leave
pending the outcome of an internal or external investigation.- The leave may be paid or
unpaid, depending on the circumstances, as determined by the City Administrator.
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General Benefits
General Benefits
Following is an overview of benefits available to eligible employees. The descriptions
provided are not intended to be comprehensive and all questions regarding eligibility and
benefit levels should be directed to your supervisor or Human Resources. The plan
documents govern any inconsistencies between these plan documents and the information
provided in this section. Benefits and eligibility requirements are subject to change, and
such changes may not be reflected in this description.
The city reserves the right, in its sole discretion, to change, modify or eliminate benefits at
any time, except to the extent prohibited by law.
Insurance
Various insurance policies, including group medical insurance, may be available for
eligible city employees and their dependents. The eligibility requirements and benefits
provided are specified in materials provided by the respective insurance carriers. The
respective carriers may have different requirements concerning the eligibility of
employees. The requirements of the respective carrier will govern eligibility.
Under some circumstances, eligible employees and their dependents may have the option
of continuing coverage under certain city employee insurance plans for a limited time at
the employee's own expense when coverage would otherwise end. This continuation right
is provided in accordance with the Consolidated Omnibus Budget Reconstruction Act of
1985 (COBRA) and applicable state law.
Deferred Compensation
The city provides eligible employees the opportunity to participate in a Deferred
Compensation Plan. This is a voluntary plan that allows employees to place a portion of
their earnings into a pre-tax deferred investment program.
Flexible Benefit Plan (Section 125)
The city offers a plan in which a portion of an eligible employee's pay can be set aside,
pre-tax, to cover certain estimated healthcare and daycare costs. The contribution is
deducted from gross wages and is reimbursed to the employee upon proof of the medical
or daycare expenses. By law, Flex Benefit funds must by expended by year end or they are
forfeited.
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Employee Development/ Tuition Reimbursement
The city encourages and recommends lifelong learning for its employees and offers
reimbursement to regular, full-time employees for up to 75% of the tuition paid by the
employee, excluding scholarships and grants up to a maximum reimbursement of$3,000
per year (based on the date reimbursement is paid) for accredited college or other classes
directly related to the employee's position with the city. To be eligible for reimbursement
the following requirements must be met:
1. Prior to class registration, a completed Tuition Reimbursement Request Form must
be signed and on file with Human Resources; and
2. The class must be part of a degree, certification, or licensure program and apply
directly to the employee's position or be required to complete an associate,
bachelor's, master's, or doctorate degree in the field in which the employee works;
3. The employee must successfully complete the class. If letter grades are assigned,
the minimum grade required for reimbursement is a C; and
4. The reimbursement must be submitted within 60 days of class completion.
Books and other non-tuition fees do not qualify for reimbursement.
All classes must be taken on employee time and time spent on classes is not considered
hours worked. If any portion of the employee's class/development activity is conducted
during regular work hours, the employee must take vacation or compensatory leave, an
unpaid leave of absence, if approved, or arrange for flexible scheduling, if approved by the
department director.
Classes taken to maintain good standing for licensure, affiliation, certification or
credentialing as well as work-related seminars and training are paid for through training
funds which are budgeted each by the City Council.
Employee Wellness
In an effort to promote wellness, the city maintains a fitness room equipped with exercise
equipment. Employees are encouraged to use the fitness room. Please read and sign the
policy attached as Exhibit A before using the fitness room.
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General Policies
Smoke & Tobacco Free Policy
In an effort to provide a healthy, comfortable and productive working environment for
employees, residents and visitors, the city provides a non-smoking work environment. All
city facilities and vehicles are smoke and tobacco free. The use of e-cigarettes or "vaping"
is also prohibited while in any city facility or vehicle. Employees violating thisc policy
may be subject to disciplinary action.
Appearance and Dress Guidelines
Employee appearance is a direct reflection on the professionalism of city services.
Employees should dress in a manner appropriate to their job and use good judgment when
choosing attire. Clothing must always be clean, neat, and in good repair. Good hygiene is
always expected.
Violation of this Policy may result in discipline up to and including termination.
Electronic Communication Devices
The city provides telephonic equipment (land line and cellular), computer equipment and
software, and services used to communicate and supply email, voicemail and internet data
access. The equipment and services are the property of the city and are intended to be used
for official city business. Employees who intentionally misuse Electronic Communication
Devices may be subject to discipline up to and including termination. Please reference
specific city policies regarding issue eligibility and use of electronic communication
devices such as 800 MHz radios, cell phones, smartphones, and iPads/tablets.
Telephone Use
It is critical that employees be courteous, tactful, professional, and efficient on the
telephone. Employees are expected to answer and return calls promptly.
Personal calls made or received must not interfere with city work. Personal telephone calls
should be made only when absolutely necessary, preferably during scheduled rest breaks or
lunch periods. Keep incoming personal calls brief. Reimbursement for personal use of city
cell phones is required under the Mobile Telephone Policy.
All personal long distance phone calls must be recorded on a Long Distance Telephone
Log form. Employees shall promptly reimburse the city for personal long distance and
cellular phone charges.
Email and Voicemail Use
Emails and voicemails are subject to records retention.
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Employees should be aware that their email/voicemail may be subject to the Minnesota
Government Data Practices Act and could be classified as public information.
While occasional use of these services for personal, non-business use is acceptable,
employees must demonstrate a sense of responsibility and may not abuse email or
voicemail privileges.
Communication sent via email or voicemail must be respectful in tone and professional.
The transmission, retrieval or storage of discriminatory, harassing, derogatory or obscene,
or defamatory or threatening messages are forbidden. Email shall not be used for chain
letters or for any purpose which is illegal, against city policy, or contrary to the city's
interests.
There is no expectation of privacy with regard to city email or voicemail. The city has the
capability to retrieve mail messages even after deletion. Furthermore, the use of passwords
on the email and voicemail system does not mean that messages stored on those systems
are confidential or may not be retrieved or reviewed by others. The city reserves the right
to review employee email files, messages, and usage at any time and without notice and/or
permission.
Employees must respect other's electronic communications and may not obtain
unauthorized access to another's email or voicemail messages, except pursuant to direction
from the city administrator for the purposes specified above.
Internet Access and Use
Acceptable uses of internet access services include information for business-related
purposes, professional education and professional development.
Employees must respect all copyrights and intellectual property rights of 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 access and use is not confidential. The city has the right to monitor individual
Internet usage and to review individual Internet usage logs.
Bandwidth Conservation
The city provides for access to the internet for a number of key government functions, such
as police access to records and public access to public records. To ensure that officers and
the public have sufficient bandwidth to access applications, the city has implemented
bandwidth conservation measures, which include blocking websites that have no
instructional or administrative value. Use of internet radio stations for casual listening
and/or background music is strictly prohibited. Employees shall not download music files.
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Travel Expenses
An employee will be reimbursed for actual and necessary expenses incurred when
travelling on official city business only upon approval of such expenses by the City
Council in accordance with the city Travel Policy. To receive reimbursement, promptly
complete the appropriate claim form and submit to the appropriate department director for
consideration and approval.
The Travel Policy can be found in the city's Financial Management Policy on Access Elk
River.
Keys and Security
Each employee is responsible for securing his/her work area at the end of each day.
Properly secure all confidential files and sensitive information. All keys in your possession
that are for city facilities and/or equipment must be returned to your supervisor upon
termination of employment.
Personal Use and Disposal of City Property
Personal Use
All city property and equipment is publicly owned. City-owned equipment and facilities
are not available for personal use by employees. Personal use of all city vehicles,
machinery, tools, and other equipment is strictly prohibited.
Disposal
As city property becomes obsolete, damaged, or is not needed, it shall be disposed of
through salvage, trade, public auction, bid, or other means.
Disposal by sale or auction requires a public notice be advertised in the official newspaper
and a posting at City Hall and other locations as deemed appropriate. The appropriate
department director will determine the minimum price for each item to be sold.
• City property shall not be given away to anyone, including employees.
• An employee may purchase no more than one motor vehicle from the city or
another political subdivision in any 12-month period.
• Employees involved in the auction or process pertaining to the administration and
collection of sealed bids are prohibited from purchasing city property.
Unauthorized removal of city property or its conversion to personal use may result in
discipline up to and including termination.
Use of City Vehicles
City-owned vehicles may be used only by employees for official city business. Employees
who drive or may be required to drive city vehicles and equipment must maintain a safe
driving record and observe all traffic laws. Seat belts must be properly used at all times.
Drivers must carry a current, valid driver's license that is adequate for the type of vehicle
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driven. Operating a city vehicle without a valid driver's license will result in disciplinary
action up to and including termination. All employees must abide by the city's Fleet Safety
Program including drug and alcohol testing for all employees who are involved in an
accident while driving a city vehicle.
Passengers may be carried only when necessary to conduct city business and/or when their
transportation via city vehicle is in the best interests of the city. City vehicles may not be
used to travel from work to an employee's residence for rest or lunch breaks without prior
supervisor approval. Employees conducting official business out of town (conventions,
meetings, etc.) may carry family members as passengers if such accompaniment does not
interfere with the best interests of the city and upon approval by the department director.
Resident Complaints
Resident complaints provide an opportunity for feedback and identifying problem areas.
How well complaints are handled determines the level of confidence and respect the public
holds for their municipal government.
When handling a complaint be polite and never argue with the complainant even if s/he is
angry, unreasonable or insulting toward you and the city. Stay calm, cool and collected.
When a complaint is received, complete the following steps:
• Receive and record information pertinent to the complaint.
• Determine which employee is responsible to investigate and take corrective
action and forward the complaint accordingly.
• Follow-up on to ensure action has been taken to correct the problem.
Emergency Closing
The city strives to provide appropriate services during periods of inclement weather or
other emergencies, as well as to keep its facilities open during normal business hours.
The safety of employees and their dependents is very important and the city acknowledges
that adverse weather or other emergency conditions (Emergencies) may require employees
to request to be excused from work.
The following Emergency Closing Policy applies to all employees except those employees
in departments that are expected to remain open and on duty during such emergencies.
• In the event of an emergency, the city administrator and/or the Mayor may declare
a State of Emergency. The city administrator will communicate the declaration of a
State of Emergency to all department directors. Directors are responsible for
communicating the State of Emergency to their staff.
• When a State of Emergency is declared, the employee may determine whether s/he
will remain at work or utilize appropriate leave. If an employee determines that
his/her safety or the safety of his/her dependents may be jeopardized if the
employee reports to work or remains on duty, the employee may request authorized
emergency leave. An employee with authorized emergency leave must utilize
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vacation or compensatory time for the time away from work. If the employee does
not have vacation or compensatory time, the emergency leave will be unpaid.
Employee Participation in the City Fire Department
Employees are allowed and encouraged to participate as a part-time paid firefighter in the
Elk River Fire Department. The following pay provisions, in accordance with state and
federal laws, apply to employees who also work outside of their regular department as
part-time paid firefighters:
Fire Calls During Working Hours
An employee will be allowed to respond to fire calls as approved and determined by
his/her department director, based on the work assignments and responsibilities of the
employee.
Employees responding to fire calls during regular work hours will be compensated at the
same rate as his/her regular city position with no additional firefighter paid compensation.
While on vacation or compensatory time off, or if s/he makes up the time so a full eight
hours of work in his/her regular position are completed on the same day as the fire call,
s/he may receive firefighter pay for the period claimed as vacation, compensatory, or
make-up time.
Fire Calls During Non-Work Hours
Employees will receive their normal firefighter compensation for fire calls and training that
do not occur during the regular work hours of their regular position.
Application of Fair Labor Standards Act (FLSA)
Employees will be paid overtime in accordance with the FLSA and the city Overtime
Policy. Actual time worked will be used for determining overtime payment, with no
consideration to the one hour minimum call out pay provision for firefighter pay. For
example, a false alarm that requires 15 minutes of work will be counted as 15 minutes for
FLSA purposes even though the minimum call out of one hour of pay would apply for
firefighter pay purposes.
By advance mutual agreement, overtime earned for performance of fire department
activities may be paid at one and one-half times the employee's firefighter pay rate.
Employee Participation in the Police Reserves
City employees who are also member of the Elk River Police Reserves and are paid for
their work as a Reserve Officer shall be paid overtime at the Reserve rate when Reserve
work contributes to the FLSA requirement for overtime compensation.
Regular position hours worked as overtime shall be paid at the regular overtime rate.
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Political Activity
Employees may belong to a political party and are entitled to complete freedom from all
interference in casting votes. Employees may seek election or appointment to public office,
except to the extent prohibited by the provisions of state or federal law.
Political activity must not interfere with an employee's job duties or performance. Political
activity during work hours is prohibited.
Candidacy
Employees who become candidates for elective office may request a leave of absence for
the purpose of pursuing their candidacy, which may be granted at the city's sole discretion.
To the extent that any employee, including one campaigning for office, is unable to
perform his or her duties, s/he may be subject to disciplinary action, up to and including
termination.
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Labor Relations
Communication
The city encourages open communication throughout the organization to share information
and ideas, to raise concerns and to provide suggestions for improvement.
To foster communication and improve responsiveness, the city employs an administration/
management structure with a defined span of control that is intended to enhance
accessibility to supervisors, managers and department directors.
Employees shall first direct all communication to their immediate supervisor. Supervisors
shall respond to inquiries, grievances or suggestions in a timely manner.
In the event the employee's suggestions or concerns are not addressed in a timely manner,
or s/he anticipates negative repercussions from communication with the immediate
supervisor, the employee may direct the communication to the immediate supervisor's
supervisor. Concerns and suggestions shall be advanced to each step including department
director, human resources and city administrator in the event that closure did not occur at
the earliest possible level of communication.
Policymakers, including mayor, council members and commissioners frequently solicit
employee feedback to better understand operations, improve policy and to ensure quality
service. Suggestions, grievances and concerns shall only be addressed with policymakers
following the exhaustion of resolution through the management/ administration structure.
Notwithstanding the previous paragraph, shall a disagreement between employee and
supervisor on how to handle a specific issue by itself be a reason to bypass members of the
management structure and bring issues to policymakers.
Retribution by supervisory staff for expression of ideas is not tolerated.
Discipline
The city retains the right to take any disciplinary action deemed appropriate based upon the
nature and severity of the infraction(s) and the conditions surrounding the incident. The
city retains the sole discretion to determine what behavior warrants disciplinary action and
which action will be imposed. Disciplinary actions include, but are not limited to:
• Oral reprimand; and/or
• Written reprimand; and/or
• Suspension; and/or
• Demotion; and/or
• Termination.
Disciplinary actions can be taken in any order. In some cases, one or more disciplinary
actions will be taken before termination; in other cases, termination will be immediate. The
circumstances surrounding the reason for disciplinary action will be reviewed on a case-
by-case basis to determine the appropriate level of disciplinary action, if any.
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While the city strives for consistency, the level of discipline taken in any given case does
not establish a precedent for future similar circumstances.
This policy does not change the fact that employment with the city is at-will, meaning that
an employee and the city have the right to terminate employment at any time and for any
reason, with or without cause or notice.
Grievance Procedure
Any dispute between an employee and the city relative to the application, meaning or
interpretation of personnel policies will be settled in the following manner:
Step 1
The employee must present the grievance in writing, stating the nature of the grievance, the
facts in which it is based, the provision(s) of the personnel policy allegedly violated and
the remedy requested, to the immediate supervisor within twenty-one (21) days after the
alleged violation or dispute has occurred. The immediate supervisor will respond to the
employee in writing within seven(7) calendar days.
Step 2
If the grievance is not settled in accordance with Step 1, it must be presented in writing,
stating the nature of the grievance, the facts in which it is based, the provision(s) of the
personnel policy allegedly violated and the remedy requested, to the department director
within seven (7) days after the due date of the supervisor's response. The department
director will respond to the employee in writing within seven(7) calendar days.
Step 3
If the grievance is not settled in accordance with Step 2, it must be presented in writing,
stating the nature of the grievance, the facts in which it is based, the provision(s) of the
personnel policy allegedly violated and the remedy requested,to the city administrator
within seven(7) days after the due date of the department director's response. The city
administrator or his/her designee will respond to the employee in writing within seven(7)
calendar days. The decision of the city administrator is final for all disputes with exception
of those specific components in a performance evaluation subject to a challenge through
the Department of Administration.
Waiver
If a grievance is not presented within the time limits set forth above, it will be considered
"waived." If a grievance is not appealed to the next step in the specified time limit or any
agreed extension thereof, it will be considered settled on the basis of the city's last answer.
If the city does not answer a grievance or an appeal within the specified time limits, the
employee may elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual
agreement of the city and employee without prejudice to either party.
The following actions are not grievable:
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1. While certain components of a performance evaluation, such as disputed facts
reported to be incomplete or inaccurate are challengeable, other performance
evaluation data, including subjective assessments, are not.
4-. Per-fer-manee evaluations
2. Pay increases or lack thereof
The above list is not meant to be all inclusive or exhaustive.
39
Safety
The city seeks to ensure the personal safety of employees and to prevent occupationally
induced injuries and illnesses. To the greatest degree possible, management seeks to
maintain a safe and hazard-free work environment.
It is the policy of the City Council to provide employees with safe working conditions
through the following means:
1. A Safety Committee consisting of employees and management representing each
department and employee group is charged with creating and maintaining a safety
program in compliance with all applicable federal, state and local laws.
2. The Committee or sub-committee reviews occupational illness and injury, and
incidents that result in damage to city property, and strives to take action to ensure
that unsafe work methods, unsafe work sites, and unsafe equipment are identified
and made safe.
3. All employees are required to fully comply with the Safety Program as
administered by the Safety Committee.
4. Department directors, management and supervisory employees are responsible for
implementing the Safety Program by training their employees in safe work methods
and by enforcing compliance with safety standards set by the Safety Committee.
5. Department directors are responsible for providing all employees with the safety
equipment and safety clothing that is necessary for employees to perform their
duties in a safe manner.
New employees should receive a copy of the City of Elk River Employee Safety Manual on
their first day of employment. Employees are required to read the manual carefully and
discuss areas of concern with their supervisor. Employees are required to develop safe
work habits and to contribute to the safety of themselves and co-workers.
To be successful, the safety program must be the shared responsibility of all employees.
Employees are required to:
1. Immediately report to their supervisor all unsafe equipment, practices or procedures
that pose a threat to the safety of employees or others;
2. Cooperate with and assist in the investigation of accidents to identify the causes
and to prevent recurrence;
3. Be active in department and city safety programs;
4. Observe and promote safe work habits; and
5. Report injuries to supervisor immediately.
Employees who do not follow and abide by the city's safety policies will be subject to
discipline up to and including termination.
Supervisors are authorized to send an employee home immediately when the employee's
behavior violates the city's personnel policies, policies, or creates a potential
health or safety issue for the employee or others.
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Safety Equipment Reimbursement
The city reimburses employees for certain foot and eye protection required by the city
safety policy. Employees required to wear protective footwear may be reimbursed based
on the Foot Protection Policy attached as Exhibit B. Employees required to wear eye
protection may be reimbursed based on the Prescription Safety Eyewear Policy attached as
Exhibit C.
Incident Reporting
Employees are required to report accidents resulting in personal injuries and/or vehicle,
equipment, or property damage to their supervisor immediately.
• Employees shall immediately report all accidents and injuries occurring within the
course of employment to their supervisor and complete an Employee Incident
Report. The supervisor shall submit a Supervisor's Report of Injury Form to Human
Resources within twenty-four (24) hours of the injury.
• Employees shall immediately report all damage to city property to their supervisor.
The supervisor shall submit documentation regarding the incident to the Finance
Department 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.
Further details on this policy and a complete summary of responsibilities and procedures
are available from the Safety Coordinator.
Workers' Compensation
An employee temporarily unable to work due to an injury or illness sustained in the
performance of their city work may be eligible for Workers' Compensation subject to the
provisions of the State of Minnesota Workers' Compensation Law.
An employee who becomes eligible to receive Workers' Compensation will retain the total
amount of the Workers' Compensation check and may receive the difference between their
Workers' Compensation payment and the employee's regular gross salary through the use
of accrued sick leave. If accrued sick leave is not available, vacation or compensatory time
may be used. The total of the Workers' Compensation check and the accrued leave
compensation may not exceed the employee's normal gross pay.
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Conduct
Ethics of Public Employment
The City of Elk River finds that it is in the public interest and general welfare of the city
and its residents that a statement of ethics is established for all city employees.
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.
Accepting Gifts
Employees shall not accept, either directly or indirectly, any money, property, gift,
gratuity, reward, loan, fee, discount, or special consideration or special accommodation
arising from or offered because of their employment or any activity connected with their
employment with the city.
Employee Endorsements
No employee shall, in any manner or form, endorse, recommend, or advertise a product or
service by using the city's name or the employee's name and/or title.
Conflict of Interest
The credibility of local government rests heavily upon the confidence that residents have in
public officials and employees to render fair and impartial services to all without regard to
personal interest and/or political influence. Thus, city officials and employees must
scrupulously avoid any activities that suggest a conflict of interest between their private
interests and city responsibilities. The city has adopted a Conflict of Interest Ordinance
that addresses these issues. Employees and officials are required to follow all applicable
laws related to conflicts of interest, including the city's Conflict of Interest Ordinance.
Harassment
All employees have a right to work in an environment free from discrimination and
intimidation, including harassment. The mission of the city is best accomplished in an
atmosphere of professionalism that in turn is supported by mutual respect and trust. The
city 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, status with regard to public assistance, veteran
status or any other protected class status may be unlawful and is strictly prohibited.
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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, 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.
The city prohibits harassment in any form, including verbal, physical, and visual
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:
• a condition of employment; or
• a basis for an employment decision affecting your job.
The city prohibits sexual harassment in any form, including verbal, physical, and visual
harassment. Some examples of conduct that may be sexual harassment under this policy
include:
• Use of offensive or demeaning terms which have sexual connotations;
• telling suggestive jokes or stories and conversations about sexual exploits, sexual
preferences, and desires;
• jokes, cartoons, pictures, objects or stories which 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
This policy prohibits same sex harassment and harassment by members of the opposite
sex. In addition, this policy prohibits sexual harassment and any other form of harassment
by any individual, including managers and supervisors, employees, co-workers, and third
parties such as clients, elected officials, consultants, contractors or vendors who interact
with employees.
Reporting Harassment
If at any time you feel you are being harassed, you should immediately contact:
• your supervisor; and/or
• a department director; and/or
• Human Resources; and/or
• the city administrator
43
The city wants to resolve any problems, but it can do so only if it is aware of them. The
city encourages anyone who believes s/he is being harassed to immediately report all
incidents of perceived harassment.
Your report may be verbal 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 city 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.
Confidentiality
Every effort will be made to protect the confidentiality of information the city receives
pursuant to this policy to the extent possible and to the extent permitted by law.
No Retaliation
Retaliation against any individual for making a 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 above.
Questions About Policy
Any questions about this policy or a related matter should be referred to the city
administrator or Human Resources.
Workplace Violence
The City of Elk River seeks to provide a safe and secure workplace environment for
employees, volunteers, vendors, and citizens. Violence, or the threat of violence, has no
place on city premises.
The city is committed to preventing the potential for violence in and around the workplace
and to fostering a work environment of respect and positive conflict resolution.
Many employees may be exposed to violence by the nature of their jobs. Violence or the
threat of violence by or against any employee or other person while on city premises is
strictly prohibited and may subject the individual to serious disciplinary action and/or
criminal charges.
Possession, use, or threatened use of an object that could be considered a dangerous
weapon, including all firearms, is prohibited on city premises, including city vehicles and
personal vehicles used for city business. This includes employees with valid permits to
carry firearms.
The following exceptions to the dangerous weapons prohibition are as follows:
44
• Employees legally in possession of a firearm for which the employee holds a valid
permit, if required; and said firearm is concealed from view within a locked
personal vehicle while that person is working on n City_property.
• A person who is showing or transferring the weapon or firearm to a police officer
as part of an investigation.
• Police officers and employees who are in possession of a weapon or firearm in the
scope of their official duties.
r-equifement of the eity job
The city strives to provide a workplace environment in which all its officials and
employees treat each other, their customers, clients, and all others with courtesy, dignity,
and respect.
Drug and Alcohol Policy
Employees are expected and required to report to work on time and in appropriate mental
and physical condition. -It is the city's intent and obligation to provide a drug free, safe
and secure work environment.
Because the city has contracts with the federal governmental agencies, it is subject to the
Drug-Free Workplace Act, which..Viet places certain requirements on employers
fegaMin-gto maintain_in-ga drug-free workplace. According to the Act, the city is required
to give all employees the following notification:
The unlawful manufacture, distribution, dispensation, possession, or use of
any controlled substance is prohibited on city property. Employees violating
this prohibition may be subject to disciplinary action including, but not
limited to, suspension or termination.
"Controlled substances" include, but are not limited to, opiates, hallucinogenic substances,
depressants, stimulants, and narcotics. The sale of alcohol that is part of an employee's job
duty is an exception to this policy. The Drug-Free Workplace Act prohibits only unlawful
use, possession, or distribution of such drugs in the workplace, and not the lawful use of
prescription medications.
As a condition of continued employment at the city, all employees must:
1. Abide by the terms of this statement; and
2. Notify the employee's supervisor, Human Resources, or city administrator of any
criminal drug statute conviction arising out of a violation occurring on city property
no later than five days after the conviction.
The city retains the right, at its discretion, to report employee conduct violating this policy
to law enforcement officials and to turn over any controlled substances to the custody of
law enforcement officials.
Employees who are taking prescribed drugs or over-the-counter drugs that may affect the
safety of others must obtain a determination from their physician as to whether the drug
could affect the job safety of the employee or others. In the event that job safety may be
45
affected, the employee must inform his or her immediate supervisor so that appropriate
accommodations and arrangements can be made.
It is the city's continued policy to maintain a drug-free workplace. If you have questions
about this policy, its implementation, or its application to you, please contact the city
administrator or Human Resources.
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Personnel Policy Manual
Receipt and Acknowledgement
By signing this receipt, I acknowledge that I have received a copy of the City of Elk
River's Personnel Policy Manual. I agree to abide by the rules, regulations, and policies
contained therein, or hereafter added. I understand that the Policy Manual may be amended
at any time, with or without notice.
Finally, I understand that the Policy Manual does not create a contract of any type between
the city and me. I understand that unless provided otherwise by statute or applicable
collective bargaining agreement, my employment with the city is at-will, meaning that I
have the right to terminate my employment at any time, with or without cause or notice,
and that the city has the same right.
Date Print or Type Name
Signature
June 2-September 2014 Update
47
EXHIBIT A
CITY OF ELK RIVER FITNESS
ROOM POLICY
INTRODUCTION
The City of Elk River strongly believes in a philosophy of promoting employee
wellness. An employee wellness program benefits both the employer and
employee plus, as we are dealing with City employees, an employee wellness
program benefits the community as a whole. Healthy employees tend to be more
productive employees and healthy employees require less City expenditures (i.e.
City insurance costs; use of sick time and its related overtime expenses; etc.). It
makes good common sense for the City to do as much as possible, even to the
point of providing a fitness room and spending funds for equipment, to have a
healthy work force. An employee fitness room and equipment is one part of a
larger City wellness program.
POLICY
It is difficult to establish rules when the City is encouraging everyone to utilize the
wellness room equipment; however, it has become apparent that some guidelines
are necessary. It is the intent of the City to keep the rules and regulations at a
minimum and to keep the city exercise room and equipment policy simple.
Employee and Guest
The City fitness or exercise room should not be viewed as a health club, but the
City offers the use of this room and equipment to all City employees and to one
guest of the employee at a time. Most employees desire to "work-out" with
another individual and, in fact, another individual serving as a spotter is required
when using some of the free weights in conjunction with a bench. This guest can
be a spouse, significant other, child over the age of eighteen, or a friend. Due to
safety and insurance issues, no individual under the age of eighteen is allowed in
the fitness room under any circumstances.
1
Waiver
All employees who use the fitness room and equipment, and all guests, must sign
a release waiver prior to using the fitness room. This is a requirement of the City
insurance company.
Available Times
The City fitness room and equipment will be available to all regular, full time and
part time employees, the Police Reserves, Fire Department, and City Council.
The room is open 24 hours a day, but quests are only allowed with an employee.
Lockers and Showers
Lockers and showers are available in the exercise room vicinity. The Police
Department employees and Police Reserves are to use the lockers and showers
located in the police department; all other employees use the rooms located in the
fitness room.
Since these locker rooms are shared, employees are required to leave the locker
rooms in a clean, neat condition and do not leave personal items in the lockers.
Employees should be courteous - keep your time limited in the locker rooms if
others are waiting.
The City will not be providing towels for the locker room or for use when
employees are using the equipment.
Miscellaneous Issues
Training on the use of the equipment can be arranged in group settings as
necessary.
Keys will be provided to all employees who desire access to the room.
Disinfectant spray and a towel are located in the fitness room to clean equipment
after use.
2
FITNESS ROOM CONDUCT
AND PROCEDURES
1 . EXERCISE CLOTHING - Persons using the facility must be properly attired
at all times which would include gym shorts and T-shirts, sweat pants,
leotards and tights; shirts are to be worn at all times. Protective footwear is
also required at all times (no bare feet).
2. FOUL OR ABUSIVE LANGUAGE will not be used while in the fitness
room.
3. LIFTING SPOTTERS are required when using an Olympic bar with heavy
plates in conjunction with a bench.
4. DUMBBELLS or plates must be returned to the proper rack or stand.
5. DROPPING OF DUMBBELLS on the fitness room floor is not allowed.
6. MACHINES such as exercise bike, treadmill, and stair climber should be
turned off after use unless others are waiting to use it.
7. DISINFECTANT SPRAY AND TOWELS are provided in the fitness room.
Benches should be sprayed and wiped after use.
8. BREAKDOWN of any piece of equipment should be tagged and brought to
the attention of a supervisor as soon as possible.
9. CHALK is allowed as long as it is used neatly.
10. MUSIC in the fitness room is allowed as long as it is kept at a reasonable
level and is turned off when leaving the room.
11. LIGHTS should be turned off when the fitness room is not in use.
3
FITNESS ROOM
AGREEMENTAND RELEASE
The City of Elk River ("City") has made available a fitness and workout facility
(the "Facility") for the exclusive use of City employees and guests. The undersigned
("Employee") shall be permitted to make use of the Facility upon the following terms and
conditions:
1. Employee agrees to use the Facility only in accordance with rules and
regulations adopted by the City from time to time, in the City's discretion.
2. Employee specifically agrees not to use the Facility while under the influence of
any mind-altering drug or chemical, including specifically, but not exclusively, alcohol of
any sort.
3. Employee acknowledges that no instruction as to the use of the Facility or any
equipment therein will be provided by the City. Employee agrees to take sole
responsibility to become familiar with the proper and safe use of any equipment within the
Facility.
4. Employee acknowledges that certain risks may exist in the use of fitness and
workout equipment. These risks include injury through defective equipment or improper
use of equipment or improper conduct by Employee or third parties. Employee agrees to
release City and its respective officers and employees from any claim Employee may have
to any incident which occurs in or arises in any way out of Employee's use of the Facility
or any equipment therein including specifically, but not exclusively, claims for personal
injury, death or property damage. Employee further agrees to indemnify, defend and hold
harmless the City and its officers and employees and agents from claims for personal
injury, death, or property damage for incidents occurring in or about the facility.
5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE
SUPERVISED AND AGREES THAT EMPLOYEE MAKES USE OF THE FACILITY
AT EMPLOYEE'S OWN RISK.
6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO
ABIDE BY THE RULES STATED IN THE POLICY.
Employee's Signature Guest Signature
Print Name Print Name
Employee's Telephone Number Telephone Number
Date Date
EXHIBIT B
City of Elk River
Foot Protection Policy
All employees will wear footwear appropriate to their job duties.— Each affected
employee shall wear protective footwear when working in areas where there is a danger
of foot injuries due to:
• Falling and rolling objects
• Objects piercing the sole
• Exposure to electrical hazards
Employees required to wear protective footwear would include: -Street/Parks employees,
Wastewater Treatment Plant employees, Building/Zoning inspectors, Fire inspectors and
any Cty-city required to wear protective footwear as determined by their
supervisor.
Protective Footwear Standard
• Must comply with ANSI Z41-1991 Standard which provide both impact and
compression protection.
• Shall be at a minimum a leather boot type with at least an over-the-ankle
leather upper for support.
Reimbursement Policy
• The Cty-city reimburse regular employees a maximum of$175 per year
and temporary employees a maximum of$50 per year for the purchase of
protective footwear.-Funds in excess of those used for footwear may be used
to purchase approved safety equipment as authorized by their department
headdirector.
• Original receipts must be submitted to the Finance Department for
reimbursement.
Adopted: May 17, 1999
Updated: February 9, 2004
EXHIBIT C
City of Elk River
Prescription Safety Eyewear Policy
Prescription Safety Eyewear
1. For those regular employees required to wear eye protection the City will pay for basic
protective eyewear for single vision, bifocal, and trifocal prescriptions (includes safety
lenses, standard frame with side shields, case and dispensing fee):
2. The City will provide one (1) complete pair of clear protective industrial safety
eyewear every 2 years or at the supervisor's discretion due to prescription change or
damage resulting from work-related hazards. "Clear" lenses under this definition will
also include lens tints in shades 1 or 2. Ne-tTransition or changeable tint lenses that
meet OSHA standard 87Z will be allowed.
3. Protective eyewear must comply with ANSI and OSHA approved standards.
4.—All charges relating to eye examinations, optional frame styles or lens treatments will
be the responsibility of the employee.
4.5.Employees shall use only Walman Optical approved providers. A list of approved
providers can be found at www.Walman.com under Products, Safety Eyewear,
Dispensing Locations, Non-Payroll Deduct.
Adopted: May 17, 1999
Updated: July 18, 2001
Updated: September 2014
2014 Personnel Policy Manual Update Matrix of Changes
September 2, 2014
Reference
2 Equal Employment Opportunity Adds protected classes State law, LMC
3 Compensation Add wage disclosure language State law, LMC
4 City Hall Summer Office Hours Add new policy Council approval
6 Timesheets/Timekeeping Remove timesheets, add electronic timekeeping Admin
7 Overtime Clarify OT rule for hourly employees Admin
8 Call out and Premium Pay Clarify weekend rotation hours Admin
9 Performance Appraisals Clarify performance acknowledgment Admin per Sup Ct rule
10 Rest/Meal Break Clarify liquor store breaks Admin
13 Severance Pay Add flexibility for special circumstances Admin
15 Sick Leave Adds new language from State Statute State law, LMC
17 Holiday Leave Clarifies mission-critical OT Admin
14 Family and Medical Leave Adds new language per State Statute State law, LMC
27 Victim or Witness Leave Adds new language per State Statute State law, LMC
27 Bereavement Leave Clarification Admin
28 Administrative Leave Clarification Admin
30 Employee Development Clarification Admin
31 Smoke &Tobacco Free Policy Adds vaping Admin
38 Grievance Procedure Adds language pertaining to Supreme Court opinion Admin
40 Safety Adds language regarding egregious behavior Admin
44 Workplace Violence Clarification LMC
45 Drug and Alcohol Policy Clarification Admin
Ex. C Prescription Safety Eyewear Clarification Admin