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3.5. SR 03-13-2000"ity of River MEMORANDUM Item # 3.5 TO: FROM: DATE: SUBJECT: Mayor and Council Lori Johnson, Finance Director March 13, 2000 Consider Severance Pay Change The recently approved union contract changed the payment of accrued sick leave (severance pay) to union employees at termination. In the past, the sick leave payment provisions have been the same for union and non-union personnel; therefore, the Council is asked to consider changing the Severance Pay provisions of the city's Personnel Policy Manual to be consistent with the union contract. There are two changes in the severance policy in the new union contract. The first change is in the years of service required to be eligible for severance pay. Currently, employees need to complete only two years of consecutive service to be eligible. The new language requires employees hired on or after March 1, 2000, to complete five years of consecutive service before being eligible. Employees hired before March 1, 2000, who have not yet completed five years of service will be eligible to receive severance after two years of service. Second, the maximum payment is proposed to increase for employees who have completed fifteen years of service. The maximum payment is currently fifteen percent of the sick leave balance up to a maximum payment of 144 hours. If approved, payment will increase to twenty percent and a maximum of 192 hours for employees terminating after completing 15 years of service. Action Requested The City Council is asked to consider changes to the severance pay section of the city's Personnel Policy Manual as attached. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 RESIGNATION Employees resigning their employment with the City are asked to give proper written notice in advance of their resignation. In order to give proper written notice of resignation, an employee resigning his/her employment with the City must submit a written resignation to his/her supervisor at least ten (10) working days prior to the anticipated resignation date; department heads must provide twenty (20) working days written notice to the City Administrator prior to the anticipated resignation date. An employee who resigns his/her employment with the City after giving proper written notice as provided above will be compensated for any unused vacation time the employee was eligible to use during that year. (Vacation time the employee was accruing during the year in which the resignation occurred, but which was not yet eligible for use, will not be paid at termination.) If eligible, the employee may also be compensated for a portion of banked sick leave as stated in the Severance Pay Section of this policy manual. Failure to comply with this notice procedure may be considered reason for denying an employee future employment with the City. An unauthorized absence from work for a period of three (3) working days or more may be considered a resignation without proper notice. Non-exempt employees will be compensated for any accrued but unused compensatory time as of the date of separation. RETIREMENT Employees who retire from employment with the City may be eligible for retirement programs as provided by state or federal law. LAYOFFS The City Administrator 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 employees with ten (10) working days notice prior to a lay-off SEVERANCE PAY An employee resigning his/her employment with the City may be eligible for a cash payment for unused sick leave if the following conditions are met: The employee must resign in good standing (not terminated by the City); and The employee must provide proper written notice of his/her resignation (see Resignation Policy above); and Employees hired before March 1, 2000, must have worked for the City for at least two (2) consecutive years. Employees hired on or after March 1, 2000 must have worked for the city for at least five (5) consecutive years; and 4. The employee must execute a release of claims. Payment shall be based on the consecutive years of service completed by the employee and his/her accrued sick leave balance. An employee hired before March 1, 2000, and terminating after completing two (2) years of consecutive service will receive payment for fifteen percent (15%) of his/her accumulated sick leave balance up to a maximum payment for one hundred forty-four (144) hours. Payment shall be at the current rate of pay. An employee hired on or after March 1, 2000, and terminating after completing five (5) years of consecutive service will receive payment for fifteen percent (15%) of his/her accumulated sick leave balance up to a maximum payment for one hundred forty-four (144) hours. Payment shall be at the current rate of pay. An employee terminating after completing fifteen (15) years of consecutive service will receive payment for twenty percent (20%) of his/her accumulated sick leave balance up to a maximum payment for one hundred ninety-two (192) hours. Payment shall be at the current rate of pay. For example, if an employee satisfies the above conditions, has completed ten years of service, has accumulated 1000 hours of sick leave and makes $10.00 per hour, the employee will receive severance pay as follows: 1000 hours x 15% = 150 hours Maximum hours eligible for severance pay = 144 hours 144 hours x $10.00/hour = $1,440 severance pay Any accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for payment under this policy (960 x 15% = 144). Employees may, however, continue to accumulate sick leave in excess of nine hundred sixty (960) hours as a form of income protection in the event of unexpected long-term illnesses during their employment. 10