5.7 ERMUSR 03-13-2017 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
Elk River Municipal Utilities Commission Theresa Slominski—Finance and Office
John Dietz, Chair Manager
Allan Nadeau, Vice-Chair
Daryl Thompson, Trustee
MEETING DATE: AGENDA ITEM NUMBER:
March 13, 2017 5.7
SUBJECT:
Employee Handbook Annual Updates
BACKGROUND:
Annually, staff and legal counsel review the existing personnel policies incorporated into the
ERMU Employee Handbook for compliance with changing labor laws. The Wage and Benefits
Committee may recommend to the Commission to adopt employee benefit changes. Staff may
recommend operational changes that affect the personnel policy be adopted by the Commission
for incorporation into the handbook.
DISCUSSION:
There are only a few changes to the handbook since its last revision November 2015. Changes
are the removal of language related to the security department as the business line was sold in
2016, updated language regarding meal time breaks, insertion of a Fair Pay Policy per counsel
recommendation, clarification on Lead Pay differential calculation, clarification on vacation
accrual, and insertion of additional vacation pay for two management positions. Attached is a
revised ERMU Employee Handbook reflecting the proposed changes. Please note that the Table
of Contents still needs to be updated with the correct page numbers once the proposed changes
have been approved.
ACTION REQUESTED:
Staff recommends the Commission adopt the revised ERMU Employee Handbook.
ATTACHMENTS:
• Proposed ERMU Employee Handbook revisions
E.
POWEREO 8 !
NATURE
Reliable Public
Power Provider POWERED To SERV E
113
.. .1,,
Elk River ,.
Municip al Utilitie s
EMPLOYEE HANDBOOK
13069 Orono Parkway
ELK RIVER, MN 55330
Office: 763-441-2020
Plant: 763-441-2212
November 2015March 2017
114
a
RECEIPT AND ACKNOWLEDGTble MENTof Contents iv
1. IMPORTANT NOTICE ABOUT THIS HANDBOOK 1
GENERAL WORKPLACE POLICIES 2
2. OPEN DOOR POLICY 2
3. EQUAL EMPLOYMENT OPPORTUNITY 3
4. DISABILITY ACCOMMODATION 3
5. HARASSMENT PROHIBITED 4
Definitions of Sexual and Other Forms of Harassment 4
Scope of Policy 5
Procedure for Reporting Harassment 5
Confidentiality—No Retaliation 6
Questions About This Policy 6
6. BUSINESS CONDUCT 6
7. ETHICS, GIFTS AND CONFLICTS OF INTEREST 7
8. EMPLOYMENT OF RELATIVES 7
9. WHISTLEBLOWERS 8
10. WAGE INFORMATION 8
11. WEAPONS PROHIBITED 9
12. EMPLOYEE SAFETY 9
13. EXPOSURE TO HAZARDOUS SUBSTANCES 10
14. SOLICITATION AND DISTRIBUTION 10
Non-Employees 11
Employees 11
Related Policies 11
15. ELECTRONIC COMMUNICATIONS: INTERNET, E-MAIL, AND
SOCIAL MEDIA 12
GENERAL GUIDELINES APPLICABLE TO ELECTRONIC
COMMUNICATIONS, INCLUDING COMMUNICATIONS
OVER SOCIAL MEDIA 13
BANDWIDTH CONSERVATION 14
16. SUPPLEMENTAL EMPLOYMENT 14
17. REPORT OF PERSONNEL CHANGES 15
18. ATTENDANCE 15
19. DISCIPLINE,DISMISSAL & LAY OFF 15
20. JOB POSTING 16
21. PERFORMANCE REVIEWS 16
WAGES AND HOURS 17
22. WORK HOURS AND OVERTIME 17
November 2015March 2017
115
23. EMPLOYEE CLASSIFICATIONS 18
Regular Full-Time Employee 18
Regular Part-Time Employee 18
Regular Field Worker 18
Exempt Employee 18
Non-Exempt Employee 18
Utilities Manager 19
Temporary Worker 19
24. TIME REPORTING POLICY 19
General Policy 19
Recording Time 19
Frequency 20
Ensuring Accuracy 20
Special Note About Work Performed Outside of Scheduled Times and
Places 21
25. FAIR PAY POLICY 21
26. CALL OUT TIME: REGULAR FIELD WORKERS 21
27. ON-CALL 22
Regular Field Workers 22
Other On-Call Arrangements 23
28. ELECTRIC RE-CONNECT TIME 25
29. STORM PAY 25
30. LEAD PAY DIFFERENTIAL 25
31. PAYCHECK DEDUCTIONS 25
32. PAYCHECKS 26
33. NIGHTWORK REST TIME 26
34. TRAVEL AND TRAINING TIME 26
BENEFITS 27
35. GENERAL BENEFITS 27
36. VACATION 27
37. PAID SICK LEAVE 29
38. PAID HOLIDAYS 30
39. EMPLOYEE CLOTHING 30
40. HEALTH CARE SAVINGS PLAN 31
41. 457 DEFERRED COMPENSATION 32
42. HEALTH INSURANCE COVERAGE 32
43. DENTAL INSURANCE 33
44. LONG-TERM DISABILITY 33
45. LONG TERM CARE INSURANCE 33
46. LIFE INSURANCE 33
47. EDUCATIONAL ASSISTANCE 33
LEAVES OF ABSENCE 35
48. PARENTING LEAVE 35
November 2015March 2017
116
49. MINNESOTA SICK FAMILY MEMBER OR SAFETY LEAVE 36
50. SCHOOL ACTIVITIES LEAVE POLICY 36
51. BONE MARROW AND ORGAN DONATION LEAVE 37
52. NATIONAL GUARD AND RESERVE LEAVE 37
53. MILITARY LEAVE FOR UNIFORMED SERVICE 37
54. JURY/WITNESS DUTY LEAVE 38
55. PERSONAL LEAVE DAY 38
56. BEREAVEMENT LEAVE 39
57. GENERAL LEAVE 39
58. VOTING LEAVE; SERVICE AS ELECTION JUDGE 39
59. PAID LEAVE DONATION 39
RECEIPT AND ACKNOWLEDGMENT 42
November 2015March 2017
117
RECEIPT AND ACKNOWLEDGMENT
(EMPLOYEE REFERENCE COPY)
By signing this receipt, I acknowledge that I have received a copy of the Elk River
Municipal Utilities Employee Handbook (the "Handbook"). This Handbook and the
policies contained or referenced in the Handbook supersede and replace previously-issued
handbooks, contrary oral or written statements of employment policy, and contrary
employment practices.
I understand that the Employee Handbook may be amended at any time, with or without
notice. I understand that I do not have a protected property interest in my employment with
the Utilities. I also understand that neither this Handbook nor any provision in it creates a
contract of employment for any particular duration between the Utilities and me.
I acknowledge that it is my responsibility to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook. I also
understand that any violation by me of the Utilities' rules, regulations, policies, practices,
or standards is just cause for discipline, up to and including termination of my
employment.
Date Print or Type Name
Employee Signature
GP:4202995 v3
Novcmbcr 2015March 2017
118
1. IMPORTANT NOTICE ABOUT THIS HANDBOOK
This Employee Handbook sets forth general policies of the Elk River Municipal Utilities
(the "Utilities") and is intended to help you get to know the Utilities and your
responsibilities. The Handbook applies to all Utilities employees.
The Utilities Commission shall, in accordance with its statutory responsibility to manage
the Utilities, be responsible for the maintenance and periodic revision of personnel
policies, the Utilities' personnel program, and this Handbook. The Utilities is committed
to complying with all applicable law. If it comes to the attention of the Utilities that any
provision of this Handbook is inconsistent with applicable law, the Utilities will comply
with applicable law.
Each employee of the Utilities is responsible to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook.
This Handbook is designed to answer basic questions about the Utilities' employment
policies and procedures and to serve as a resource when you may need information. This
Handbook cannot cover every situation, and the Utilities reserves the right to interpret and
apply this Handbook and to address each situation as it determines appropriate.
If you have any questions about the information in this Handbook,or if the Handbook does
not appear to address your concern, please contact your immediate supervisor, another
Utilities manager, or the Utilities' Human Resources Representative. (The Utilities has
arranged with the City of Elk River for Human Resources services. The Utilities' Human
Resources Representative can be found in the City of Elk River's Human Resources
Department.)
No employee has a protected property interest in his or her employment with the Utilities,
and nothing in or about this Handbook creates a contract of employment for any particular
duration between the Utilities and any Employee.
Violation of the Utilities' rules,regulations,policies, standards or practices is just cause for
discipline, up to and including termination of employment.
1
November 2015
March 2017
119
GENERAL WORKPLACE POLICIES
2. OPEN DOOR POLICY
During your employment with the Utilities you may have certain concerns, such as an
issue,suggestion,complaint,or question,about your job,your working conditions or some
related matter. We strongly encourage you to raise any such concerns to Utilities
management, so that we will have the benefit of your input on the matter and you will have
the benefit of our best efforts to address any concerns you might have.
In addition, you are required to report any conduct in the workplace or related to the
Utilities that you believe is illegal, and to ask questions if you are not sure whether any
particular conduct is legal or appropriate. Please also see the discussion under the
Whistleblower Policy in this Handbook. Anyone who fails to report a known or suspected
violation of law, regulation or internal policy may be considered to have committed an
equally serious violation. That individual may be subject to corrective and/or disciplinary
action,up to and including discharge.
Under this Open Door Policy, we ask that you first raise any concern about your
employment or the workplace with your immediate supervisor, if possible, and follow the
steps below to have your concerns addressed. (Please note that issues of harassment should
be addressed in accordance with the Utilities' Harassment Policy in this Handbook.)
1. If you have any concern about any aspect of employment with the Utilities or with the
Utilities' business,please voice your concerns to your immediate supervisor as soon as
possible. In most cases your immediate supervisor will be the person in the best
position to address your concerns. The supervisor and the Utilities will make every
effort to keep the matter confidential to the extent possible within the confines of the
rights and obligations of you and the Utilities.
2. If for some reason you are not comfortable discussing your concerns with your
immediate supervisor, choose another Utilities manager with whom to discuss your
concerns. Again, he/she will make every effort to keep the matter confidential to the
extent possible.
3. Alternatively, or in addition, you may feel free to contact the Utilities' Human
Resources Representative. The Utilities has arranged with the City of Elk River for
Human Resources services; the Utilities' Human Resources Representative can be
found in the City of Elk River's Human Resources Department.
The Utilities strictly prohibits retaliation or reprisal of any kind against an employee who
makes a good faith report regarding a known, or suspected,violation or concern regarding
any law.
2
November 2015
March 2017
120
3. EQUAL EMPLOYMENT OPPORTUNITY
The Utilities pledges its best efforts to avoid discrimination against any employee or
applicant for employment because of race, color, creed, religion, sex, age, national origin,
sexual orientation, marital status, familial status, pregnancy, genetic information, veteran
status, status with regard to public assistance, disability, status as a patient enrolled in the
state of Minnesota medical marijuana registry program or an enrolled patient's positive
drug test for marijuana, or any other status protected by state or federal law.
The Utilities prohibits discrimination against and harassment of any employee or job
applicant on the basis of protected class status. Employees who participate in
discrimination in violation of this Policy are subject to discipline up to and including
termination. Retaliation against any employee for making a good faith complaint under
this Policy or for assisting with investigations of complaints made under this Policy is also
strictly prohibited.
Any person who feels that he/she has experienced discrimination or harassment in
violation of law and/or this Policy should immediately contact his/her supervisor, the
Human Resources Representative, and/or any Utilities manager. Any manager or Director
who receives a report under this policy is required to communicate the matter to the Human
Resources Representative immediately.
4. DISABILITY ACCOMMODATION
The Utilities is committed to providing reasonable accommodation, as appropriate, for
qualified employees who have disabilities and for health conditions related to an eligible
employee's pregnancy, child-birth, or related health conditions.
An employee who believes that he or she requires an accommodation due to a disability,
pregnancy or child birth in order to perform the essential functions of his or her position
should so advise his or her immediate supervisor, another Utilities manager, or the Human
Resources Representative. We ask that this request be made in writing.
On receipt of a reasonable accommodation request, the Utilities will engage in an
interactive process with the employee to determine if the employee is entitled to a
reasonable accommodation and if one can be granted without creating an undue hardship
for the Utilities. The Utilities reserves the right to request medical or other certification of
the need for the accommodation in accordance with applicable law.
Retaliation against any individual for making a good faith complaint under this Equal
Employment Opportunity/Disability Accommodation policy, for opposing discrimination,
or for participating in an investigation of any claim regarding discrimination or disability
accommodation is strictly prohibited.
3
November 2015
March 2017
121
Ifyou feel that you have experienced such retaliation, you should follow the Reporting
Procedure outlined above in the Open Door Policy. Any manager or Director who receives
a report under this policy is required to communicate the matter to the Human Resources
Representative immediately.
5. HARASSMENT PROHIBITED
All Utilities employees have a right to work in an environment free from discrimination
and intimidation, including harassment. The mission of the Utilities is best accomplished
in an atmosphere of professionalism that in turn is supported by mutual respect and trust.
The Utilities expects all employees to work toward thisgoal. Harassment based on a
person's race, color,creed,religion, national origin, sex, sexual orientation,disability,age,
marital status,genetic information, status with regard to public assistance,veteran status or
any other protected class status may be unlawful and is strictly prohibited by the Utilities.
Definitions of Sexual and Other Forms ofHarassment
Harassment consists of unwelcome conduct based on a person's race, color, creed,
religion, national origin, sex, sexual orientation, disability, age, marital status, genetic
information, status with regard to public assistance, veteran status, or any other protected
class status that is interfering with your job performance, or creating an intimidating,
hostile, or offensive work environment; or when submission to such conduct is:
• a condition of employment; or
• a basis for an employment decision affecting your job.
One form of prohibited harassment is sexual harassment. Sexual harassment includes
unwelcome sexual advances, requests for sexual favors, sexually motivated physical
contact or other verbal or physical conduct or communication of a sexual nature that is
interfering with your job performance, or creating an intimidating, hostile, or offensive
work environment; or when submission to such conduct is made:
• a condition of employment; or
• a basis for an employment decision affecting your job.
The Utilities prohibits sexual harassment of any type and in any form, including verbal,
physical, and visual harassment. Some examples of conduct that may be sexual
harassment include:
• use of offensive or demeaning terms that have sexual connotations;
• telling suggestive jokes or stories and conversations about sexual
exploits, sexual preferences, and desires;
• jokes, cartoons,pictures, objects or stories that have a sexual content;
4
November 2015
March 2017
122
• threats, demands or suggestions that an employee's work status,
advancement or other terms and conditions of employment are
contingent upon the employee's toleration of or acquiescence to
unwelcome sexual advances;
• repeated, unwelcome sexual flirtations, propositions, or invitations to
social engagements; or
• unwelcome and objectionable physical contact or physical proximity.
Scope of Policy
The Utilities prohibits harassment of any type or form. This policy prohibits same sex
harassment as well as harassment by members of the opposite sex. In addition,this policy
prohibits sexual harassment and any other form of harassment by any individual, including
Utilities managers, employees, co-workers, and third parties such as clients, elected
officials, consultants, contractors or vendors who deal with the Utilities' employees.
Procedure for Reporting Harassment
The Utilities wants to resolve any problems,but it can do so only if it is aware of them. The
Utilities encourages any individual who believes he/she is being harassed to report any and
all incidents of perceived harassment.
If at any time you feel you are being harassed, you should immediately contact:
your supervisor; and/or
another Utilities manager (including any superintendent of the Utilities or other
representative as defined in Section 22 of this Handbook); and/or
the Human Resources Representative (at the City of Elk River).
Any Utilities manager or other person who receives a report under this policy is required to
communicate the matter to the Human Resources Representative immediately.
Your report of harassment may be oral or written; in either case, it is important that you
state that your report is being made under this harassment policy, or that it concerns
harassment. You may choose to whom you make the report;that choice,however,must be
made from the list of individuals named above.
The Utilities will promptly investigate harassment complaints as appropriate, and take
other appropriate action. Any person who is found to have committed prohibited
harassment will be subject to corrective action up to and including termination.
Confidentiality—No Retaliation
The Utilities will strive to protect the confidentiality of information the Utilities receives
pursuant to this policy to the extent feasible and to the extent permitted by law.
5
November 2015
March 2017
123
Retaliation against any individual for making a good faith complaint under this policy, for
opposing harassment, or for participating in an investigation of any claim regarding
harassment or inappropriate behavior is strictly prohibited.
If you feel that you have experienced such retaliation, you should follow the Reporting
Procedure outlined in this policy.
Questions About This Policy
Any questions about this policy or any related matter should be referred to the Human
Resources Representative or any Utilities manager.
6. BUSINESS CONDUCT
In accepting employment with the Utilities, employees become its representatives to the
public and are responsible for assisting and serving the customers for whom they work. An
employee's primary responsibility is to serve the customers of Elk River Municipal
Utilities. The values of Elk River Municipal Utilities - ethics, open and honest
communication,maintaining a positive workplace for employees, and serving customers—
must guide our daily business activities. We strive for and take individual responsibility
for ethical behavior— not only because it is the right thing to do, but also because it is a
fundamental value in public services.
Unacceptable conduct consists of any act or omission that, in the business judgment of Elk
River Municipal Utilities, significantly departs from expected standards of behavior
affecting the workplace. Some examples of unacceptable conduct include, but are not
limited to:
1. Not performing assigned duties to the best of the employee's ability at all times.
2. Not rendering prompt and courteous service to customers and the public at all
times.
3. Not maintaining courtesy and professionalism towards other employees.
4. Unauthorized possession of Utilities property.
5. Falsifying timekeeping records or any other Utilities records.
6. Violating the Utilities' work rules regarding alcohol and illegal drugs.
7. Violating the Utilities' rules regarding Electronic Communications.
8. Fighting or threatening violence in the workplace.
9. Negligence or improper conduct leading to damage of employer-owned or
customer-owned property.
10. Insubordination or other disrespectful conduct, including failing to respond to
warnings or directives to improve conduct or performance.
11. Violation of safety or health rules.
12. Sexual or other unlawful or unwelcome harassment.
13. Unauthorized possession of firearms or any object that could be considered a
dangerous weapon (or other violation of the Utilities' weapons policy).
14. Excessive absenteeism or any absence without reasonable notice.
15. Unauthorized disclosure of business secrets or confidential information.
6
November 2015
March 2017
124
16. Misuse of Utilities resources.
17. Any other behavior unacceptable to Utilities management or any conduct
inconsistent with the policies in this Handbook or the rules, practices or standards
of the Utilities.
All employees have a personal responsibility to report any behaviors or practices that may
constitute unacceptable conduct under this policy. Such conduct may risk our future
success. If you have any concerns or questions, discuss them with the Human Resources
Representative, your supervisor or any Utilities manager. These concerns will be treated
confidentially (to the extent possible) and with high priority.
7. ETHICS, GIFTS AND CONFLICTS OF INTEREST
Utilities employees shall not use their official position for personal gain, engage in any
business or transaction or have a financial interest, direct or indirect, which is in conflict
with the proper performance of their official duties. Utilities employees must scrupulously
avoid any activities that suggest a conflict of interest between their private interests and
Utilities responsibilities.
Employees shall not accept, either directly or indirectly, any money, property, gift,
gratuity, reward, loan, fee, discount, or special consideration or special accommodation
from any vendor or potential vendor to the Utilities or the City of Elk River, or that arises
from or is offered because of their employment or any activity connected with their
employment with the Utilities.
8. EMPLOYMENT OF RELATIVES
It is generally the policy of the Utilities not to employ relatives or cohabitants of current
employees or Utilities Commissioners. The purpose of this policy is to prevent conflicts of
interest, the appearance of such conflicts, undue influence over an individual's
employment, and distraction from workplace productivity and safety. Occasional
exceptions may be made to this general policy for legitimate business reasons in the
discretion of the Utilities; provided, however,that in no event will relatives or cohabitants
be permitted to be in a direct reporting relationship at the Utilities. "Relative"for purposes
of this policy includes parent, marital or non-marital domestic spouse, sibling, child and
step-child, grandparent, grandchild, parent-in-law, a person for whom the employee is a
legal guardian, first cousin, sibling-in-law, son/daughter-in-law, niece/nephew, and
aunt/uncle.
9. WHISTLEBLOWERS
Pursuant to Minn. Stat. § 181.932, Elk River Municipal Utilities will not discharge,
discipline, threaten, or otherwise discriminate against, or penalize an employee regarding
7
Novcmbcr 2015
March 2017
125
the employee's compensation, terms, conditions, location, or privileges of employment
because:
a. The employee, or a person acting on behalf of any employee, in good faith,
reports a violation or suspected violation of any federal or state law or rule
adopted pursuant to law to the Utilities or to any governmental body or law
enforcement official;
b. The employee is requested by a public body or office to participate in an
investigation, hearing, inquiry; or
c. The employee refuses the Utilities' order to perform an action that the
employee has an objective basis in fact to believe violates any State or Federal
law or rule regulation adopted pursuant to law and the employee informs the
Utilities that the order is being refused for that reason.
The Utilities will make reasonable efforts to preserve as confidential the identity of an
employee making a report under this policy to the extent feasible and consistent with
applicable law. Any Utilities manager who receives a report under this policy is required
to communicate the matter to the Human Resources Representative immediately.
Employees shall not make any statements or disclosures pursuant to this section knowing
that they are false or that they are in reckless disregard of the truth. This section does not
permit disclosures that would violate federal or state law or diminish or impair the right of
any person to the continued protection of confidentiality or communications provided by
common law.
10. WAGE INFORMATION
Employees working for the Utilities, or living, in Minnesota have the right, under Minn.
Stat. §181.172, to choose to disclose their own wages and to discuss another employee's
wages that have been voluntarily disclosed by that employee. In addition, regardless of
location, employees who are not managers or supervisors also have these rights. An
employee does not,however,have the right to disclose to a competitor of the Utilities or to
any other person any wage information regarding other employees of the Utilities that he or
she has learned in the course of performing job duties that involve access to confidential
and private information about employees.
The Utilities shall not require an employee to agree to give up his or her wage disclosure
rights as a condition of employment, to sign any document that purports to deny an
employee his or her wage disclosure rights, or take any retaliatory or other adverse
employment action against an employee for exercising his or her wage disclosure rights.
A copy of Minn. Stat. §181.172 can be obtained from Human Resources. §181.172
permits a civil cause of action for a violation of the statute and, in any such action,the court
may, if found appropriate, order job reinstatement, back pay, restoration of lost service
credit, and the expungement of adverse records.
8
November 2015
March 2017
126
11. WEAPONS PROHIBITED
Elk River Municipal Utilities prohibits all employees from carrying or possessing firearms
or other weapons while acting in the course and scope of their employment for the Utilities.
Carrying or possessing firearms or weapons in Utilities vehicles is also prohibited.
This policy extends to any situation in which employees are acting in the course and scope
of their employment including while utilizing personal vehicles or attending work-related
training. However, it is not a violation of this policy to lawfully carry a firearm in a
personal vehicle that is lawfully encased and secured. Employees may be disciplined for
violations of this policy up to and including termination of employment.
A narrow exception is made to this policy, which is applicable only in connection with
attendance at the Minnesota Municipal Utilities Underground School ("MMUA
Underground School") or the Minnesota Municipal Utilities Overhead School ("MMUA
Overhead School"). Both of these events are held at the MMUA Training Center in
Marshall, MN. An employee is not prohibited from carrying or possessing a firearm or
other appropriate weapon in a situation where, in connection with his or her Utilities
employment, the employee is using a Utilities vehicle while attending MMUA
Underground School or MMUA Overhead School --- if and only if the employee's
participation in the MMUA Underground School or MMUA Overhead School includes a
hunting or target-shooting activity, and provided that the employee is otherwise lawfully
permitted to carry and possess a firearm. This exception applies only for the duration of
the specific MMUA event and the period of the employee's travel to and from the event.
12. EMPLOYEE SAFETY
Safety is of paramount importance to the Utilities. All employees and managers must
follow the regulations and laws of the State of Minnesota and rules of the Utilities
governing the safety of employees and the public. If employees have questions or concerns
about issues affecting safety, they should immediately discuss them with their supervisor,
any Utilities manager, the Human Resources Representative, or the relevant public safety
authority.
Employees are required to report accidents resulting in personal injuries and/or vehicle,
equipment, or property damage to their supervisor immediately.
Personal Injuries. Immediately report to your supervisor all accidents
and injuries occurring within the course of your employment. The
supervisor shall submit a First Report of Injury and a Supervisor's
Report of Injury Form to the Human Resources Representative within
twenty-four(24) hours of receiving such report from you.
9
November 2015
March 2017
127
- Vehicle, equipment, or property damage accidents. Immediately report
to your supervisor all damage to Utilities property. The supervisor
should submit documentation regarding the incident to the Utilities'
Office Manager within twenty-four(24)hours of the time of the damage
or accident. A copy of the Minnesota Motor Vehicle Accident Report
must be submitted for all vehicle accidents.
The Utilities will provide necessary safety equipment to employees. This may include:
• One pair of safety glasses at the time of employment. The employee shall
provide the correct prescription for the safety glasses.
• The Utilities will pay the cost of new safety lenses, upon a change in the
prescription. If needed, frames will be replaced as needed contingent upon
supervisor approval.
• Safety glasses that are broken or damaged while the employee is on the job will
be replaced by the Utilities.
13. EXPOSURE TO HAZARDOUS SUBSTANCES
Any employee routinely exposed to hazardous substances or harmful physical agents as
defined in the Minnesota Employee Right to Know Act (MINN. STAT. § 182.675) shall be
trained before being assigned or reassigned work exposing the employee to such
substances or agents and shall be given training annually thereafter. Training shall include
an explanation of how and where information about hazards is stored in the work place,
how the hazards are labeled, and where to obtain specific information. The supervisor(or
other designated employee) shall provide for such training and for compliance with the
Minnesota Employee Right to Know Act, including the establishment of specific policies
to insure compliance with the state law and regulations. An employee acting in good faith
has the right to refuse to work under conditions which the employee reasonably believes
present an imminent danger of death or serious physical harm to the employee.
14. SOLICITATION AND DISTRIBUTION
The Utilities intends to establish and maintain a safe and productive business environment
and to prevent interference with the work of its employees. This policy prohibits
solicitation and the distribution of literature on Utilities property by non-employees. In
addition, this policy addresses the limited circumstances under which solicitation and the
distribution of literature on Utilities property by employees will be permitted, and it
addresses the wearing and display of items, posting material on Utilities bulletin boards,
and certain uses of the Utilities' computer, email, and other resources.
The term solicitation means any oral or electronic communication that encourages,
advocates, demands, or requests any position or action or contribution of money, time,
10
November 2015
March 2017
128
effort,personal involvement or membership in any organization or the sale or purchase of
any merchandise or service.
The term distribution means posting, handing out, or otherwise distributing any written
material in hard copy.
Non Employees
Non-employees of the Utilities are strictly prohibited from engaging on Utilities premises
in: i) trespassing; ii) the solicitation of any person; and iii) the distribution of any written
material. Any violation or attempted violation of this policy by a non-employee should be
reported immediately to the on-site supervisor.
Employees
Employees are prohibited from solicitation, for any purpose, during the working time of
any employee involved in making or receiving the solicitation.
Employees are prohibited from distribution of written material in any work area at all
times. Employees are also prohibited from distributing written material anywhere during
the working time of any employee actively engaged in the distribution.
This policy does not prohibit an employee from performing solicitation or distribution in a
non-work area on behalf of a third party that is not engaged in commercial, for-profit, or
political activity, provided the employee has received the advance approval of the on-site
supervisor to engage in such solicitation or distribution.
Related Policies
• Utilities Bulletin Boards. The Utilities in its discretion may permit employees to
distribute written material by posting on Utilities bulletin boards in accordance
with this policy,provided that any material for such posting must be reviewed and
approved in advance by a Utilities manager, who may consult with the Human
Resources Representative before making a decision whether or not to allow the
posting.
• Solicitation and Distribution on Utilities Computer and E-Mail Systems.
Employees and non-employees are prohibited from using Utilities computer
systems and other property and resources, including the Utilities e-mail system,
for solicitation or distribution, except in connection with a Utilities-sponsored
activity or, with advance approval of the on-site supervisor, on behalf of a third
party that is not engaged in commercial, for-profit, or political activity.
Violation of This Policy By an Employee
11
November 2015
March 2017
129
Any employee in violation of this policy will be subject to disciplinary action up to and
including discharge.
15. ELECTRONIC COMMUNICATIONS: INTERNET, E-MAIL, AND
SOCIAL MEDIA
This policy covers all types of electronic communications. All Utilities computers,
software, servers, computer systems, cell phones and telephone systems and other
electronic services arranged for by the Utilities ("Electronic Communications Systems" or
"ECS") are the property of the Utilities and are intended and expected to be used for
Utilities business. While occasional use of these systems for personal, non-business use is
acceptable, employees must demonstrate a sense of responsibility and may not abuse such
privileges. Communications of any kind by a Utilities employee over the Utilities' ECS,
whether work-related or personal, is subject to monitoring and review by the Utilities at
any time, with or without notice or permission. Employees should have no expectation of
privacy in the use of these systems. The use of passwords on these systems does not mean
that messages stored on them are private or confidential, either from the Utilities or others.
This policy covers all usage and communications by employees in,on or over the Utilities'
Electronic Communications Systems, including e-mail, voice-mail, Internet and social
media, whether such usage or communications are from the Utilities' offices or from a
remote location. This policy also covers electronic communications not done in, on, or
over the Utilities' ECS but in which the employee identifies himself or herself as a Utilities
employee. Violations of this policy may result in discipline, up to and including
termination.
All communications sent by employees over the Utilities' ECS must be respectful in tone
and professional. Communications over the Utilities' ECS may not be used for
transmitting, retrieving or storing any communications of a discriminatory or harassing
nature, derogatory to an individual or group, obscene, or which are of a defamatory or
threatening nature. Such communications should not be used for"chain letters"or for any
purpose which is illegal or against Utilities policy.
Employees must respect other people's electronic communications. Employees may not
obtain unauthorized access to another's e-mail or voice-mail messages, except pursuant to
direction from a Utilities manager for the purposes specified above.
Employees may not use the e-mail or voice-mail systems in a way that causes congestion
on the systems or that significantly interferes with another employee's ability to use the
systems.
GENERAL GUIDELINES APPLICABLE TO ELECTRONIC
COMMUNICATIONS, INCLUDING COMMUNICATIONS OVER
SOCIAL MEDIA
12
November 2015
March 2017
130
• In general,the Utilities encourages the use of e-mail and other available
electronic communications with residents, consultants, and others as a
means of providing services more effectively and efficiently. Internet
e-mail is provided and is intended for the Utilities' business use.
• Tact counts.
• Humor might not work. Attempts at humor in electronic
communications are especially difficult to carry off successfully, so be
careful and"when in doubt, leave it out." Take extra steps to make your
intent clear in written communications.
• Never gossip, don't provide confidential personal information about
yourself or someone else, and refrain from emotional responses.
• Do not communicate with residents, consultants or others using e-mail
without first obtaining their consent to email communication.
Employees at all times must use discretion in communicating sensitive
information and should select communications methods that will
protect the confidential and/or sensitive nature of such information.
• Communications over the Utilities' ECS may be identifiable and
attributable to the Utilities. Do not send electronic communications that
you would not send, or would not be authorized to send, over Utilities
letterhead.
• The Utilities' ECS may not be used to participate in social media or
other electronic forums except for approved Utilities business,
professional development, or business development purposes.
• The Utilities' ECS may not be used to access pornographic or obscene
material or other offensive or inappropriate content.
• Internet access is provided primarily for you to retrieve information.
Do not use the ECS to post information, comments or statements,
except for prior-approved Utilities business, professional development
or Utilities business development purposes.
• An Internet site may request information about you in order to build a
user profile or mailing list. Refuse any such requests when using the
Utilities' ECS. Respond "no" to any suggested download, upgrade, or
enhancement of software. Do not make any purchases or access a web
site that charges a fee, except for approved Utilities business purposes.
• Employees may not send electronic communications over the ECS that
attempt to hide the identity of the sender or that represent the sender as
someone else or someone from a different Utilities or a company.
13
November 2015
March 2017
131
• Employees must respect all copyrights and intellectual property rights
of others' materials, and may not copy, retrieve, modify or forward
copyrighted, patented or trademarked materials except as permitted by
the owner or as a single copy for reference use only.
• Internet and other ECS usage is not confidential. The Utilities receives
detailed monthly reports on Internet usage by individual employees and
the Utilities' software tracks each Internet site you visit.
BANDWIDTH CONSERVATION
The Utilities uses the Internet for a number of key Utilities functions. To
ensure sufficient bandwidth to perform these functions, the Utilities has
implemented a variety of bandwidth conservation measures. These
measures include blocking websites that have no instructional or
administrative value. Employees may not use Internet radio stations for
casual listening and/or background music. Employees may not download
music or video files from the Internet.
Employees who violate any of the guidelines may be subject to disciplinary
action including, but not limited to, written warnings, revocation of access
privileges and termination of employment.
16. SUPPLEMENTAL EMPLOYMENT
The Utilities does not restrict employees from engaging in outside employment. However,
the Utilities expects regular full-time employees to consider Utilities work their primary
employment. No Utilities employee may engage in outside employment that interferes
with the performance of his/her duties with the Utilities, that represents a conflict of
interest, or that may influence or bias an employee's job related decision making ability.
The Utilities will not change an employee's work hours to facilitate the scheduling of any
outside employment. If a supervisor believes an employee's outside employment is
detrimental to the Utilities and his/her position,the employee may be asked to discontinue
the outside employment. If an employee is asked to discontinue outside employment and
fails to do so, he/she may be subject to discipline up to and including termination.
17. REPORT OF PERSONNEL CHANGES
The Utilities attempts to maintain complete and accurate personnel information on its
employees. It is the responsibility of each employee to notify the office of the Utilities
when changes occur, including:
• Name (through marriage or otherwise);
• Address;
• Beneficiaries for life insurance and retirement;
14
November 2015
March 2017
132
• Telephone number;
• Person to contact in case of emergency; or
• Other changes which may affect benefits coverage.
18. ATTENDANCE
Regular attendance is an essential function of every job with the Utilities. Every Utilities
employee has an important role to play in maintaining a productive workplace. Therefore,
it is essential that all employees report to work as scheduled every day. Unsatisfactory
attendance, including reporting late to work and leaving work early may result in
disciplinary action up to and including discharge.
If an employee must be absent from work for any reason, other than approved time off,the
employee must notify his/her immediate supervisor at least thirty(30)minutes prior to the
start of his/her normal working hours. If an emergency prevents the employee from
notifying his/her supervisor at such time, the employee must call his/her immediate
supervisor as soon as possible during the workday.
19. DISCIPLINE, DISMISSAL & LAY OFF
Discipline. The Utilities retains the right to take disciplinary and other action as it believes
appropriate to manage employee performance and workplace conduct. The type and level
of discipline imposed will be at the Utilities' discretion based upon the nature and severity
of the issue and the circumstances as a whole.
Examples of discipline and other action that may be taken to manage performance and
workplace conduct include, but are not limited to:
• Documented Coaching and Counseling
• Oral reprimand
• Written reprimand
• Performance Improvement Plan
• Suspension
• Demotion
• Termination.
Discipline and other action may be used in any order or combination in the discretion of the
Utilities. In some cases, one or more disciplinary actions will be taken before termination;
in other cases, termination will be immediate.
While the Utilities strives for consistency, the level of discipline taken in any given case
does not establish a controlling precedent for future circumstances.
15
November 2015
March 2017
133
Probation and Dismissal. All new employees shall be on probation for a period of one
hundred eighty(180)days. Continued employment during this period shall rest solely with
the discretion of the Utilities Commission. After that period, the employee shall attain
regular status subject to the following:
Employees on regular status may be dismissed only for cause, which may
include, but is not limited to, the following: Conduct in violation of or
inconsistent with Utilities policy, including but not limited to any and all
policies set forth in this Handbook; conduct or language that is improper
or inappropriate in the discretion of the Utilities; insubordination;failure
to do the work assigned in a manner satisfactory to the Utilities;
dishonesty or stealing; and the sale, transfer of or possession, or being
under the influence, of intoxicating beverages or controlled or mood
altering substances while on the job.
Layoff/Reduction in Force. The Utilities reserves the right and sole discretion to
eliminate positions and/or reduce the hours associated with a position for any legitimate
business reason, with or without cause.
20. JOB POSTING
As position vacancies occur at the Utilities,the position's job description will be posted in
a prominent location to inform employees of the vacancy. Employees that wish to be
considered for the position are encouraged to contact the appropriate decision-maker(s)
indicated on the posting. The Utilities may also advertise the vacancy to attract external
candidates.
The Utilities retains all its managerial rights and has the sole discretion to decide which
candidate is best qualified to fill a vacant position,whether or not the candidate is a current
Utilities employee.
21. PERFORMANCE REVIEWS
An employee's immediate supervisor or department head normally will conduct a
performance review on an annual basis. Employee performance, however, may be
coached or reviewed formally or informally at any time.
Performance reviews are an opportunity for employees, management, and the Utilities to
assess an individual's job performance and to assure the continuing improvement of every
employee's performance. The performance review system is designed to:
• Ensure that quality services are provided to the public at the least
possible cost;
16
November 2015
March 2017
134
• Motivate and develop employees to their fullest potential;
• Clarify roles and mutual expectations of supervisors and employees;
• Promote open and ongoing communication between employees at all
levels, including feedback from subordinates to supervisors; and
• Assist in determination of whether employees are meeting the
performance standards for their position.
The performance review will usually be documented in writing as well as delivered orally
to the employee in person. Completed performance review forms should be signed by the
employee and the supervisor or other Utilities manager or representative delivering the
review to the employee. These completed forms are generally maintained in the
employee's personnel file.
WAGES AND HOURS
22. WORK HOURS AND OVERTIME
For purposes of timekeeping and overtime calculations, the regular workweek at the
Utilities runs from Tuesday through Monday.
Non-exempt employees are paid on the basis of hours worked. Exempt employees are paid
on a salary basis; their compensation is not based on the number of hours they work.
All non-exempt employees will be paid for their time worked in excess of forty(40)hours
during the workweek (Tuesday — Monday) at a rate of one and one-half times the
employee's regular rate of pay. In addition, regular field workers will be paid for regular
work performed in excess of eight(8)hours in a day at a rate of one and one-half times the
employee's regular rate of pay. Two times a non-exempt employee's regular rate will be
paid for time worked on Sundays and designated Holidays. The eight hour and double time
provisions above do not apply to travel and training time spent away from the regular
workplace, but the forty hour overtime pay provision does apply in all cases where an
employee is engaged in activity related to and/or required in connection with his or her
Utilities employment. Exempt employees are salaried and do not receive overtime.
23. EMPLOYEE CLASSIFICATIONS
The following definitions are provided to assist employees in understanding their
employment classification and benefits eligibility. Although employees generally will be
classified as one of the following,they should be aware that their classification may change
at any time as the Utilities considers appropriate.
17
Novcmbcr 2015
March 2017
135
All employees are designated as either non-exempt or exempt from federal and state wage
and hour laws. Non-exempt employees are covered by specific provisions of the wage and
hour laws, including overtime pay. Exempt employees are excluded from specific
provisions of the wage and hour laws, including the overtime provisions. Generally,
exempt employees are engaged in managerial, professional, administrative, or executive
positions and are paid on a salaried basis.
It is our policy to fully comply with federal and state wage and hour laws. In keeping with
this commitment,we will pay exempt employees their full salary(or salary plus vacation to
equal the amount of the full salary) for any workweek in which they perform work,
regardless of the number of days or hours worked, subject only to deductions that are
permitted by law. Full day deductions from pay that are permitted by law include, for
example, deductions for personal time off, sick days before or after eligibility for paid sick
leave,or for infractions of written workplace conduct rules including but not limited to any
rule or policy set forth in this Handbook. Full or partial day deductions may be made from
the salaries of exempt employees for infractions of safety rules of major significance and in
certain other limited circumstances.
Employees are classified according to the following definitions:
Regular Full-Time Employee. A regular full-time employee typically works 40
or more hours per week, and is not classified as a temporary worker.
Regular Part-Time Employes A regular part-time employee typically works
fewer than 40 hours per week, and is not classified as a temporary worker.
Regular Field Worker. An employee whose regular assigned position involves
performing a significant portion of his or her work outside of the Utilities'
physical facilities.
Exempt Employee An employee whose duties result in exclusion of the
employee's work from coverage under the minimum wage and/or overtime
provisions of the wage and hour laws.
Non Exempt Employee An employee whose duties result in coverage of the
employee's work under the minimum wage and/or overtime provisions of the wage
and hour laws.
Utilities Manager. Any employee of the Utilities,or other individual identified by
the Commission, who is a Utilities supervisor, superintendent, manager, director,
representative or other individual who is generally identified to employees by
Utilities policy, practice or communication as having managerial, supervisory, or
administrative authority to act on behalf of the Utilities,regardless of whether such
authority is limited or subject to the authority of others in the Utilities'
organizational structure.
18
November 2015
March 201.7
136
Temporary Worker. A temporary worker typically is hired for a specific period
of time. Generally, temporary workers are hired as interim replacements, to
supplement the work force, and/or to assist with specific projects. Temporary
workers often will be informed of an estimated duration of their assignment,
although either the worker or the Utilities may end the work relationship at any
time. Temporary work that continues beyond an estimated duration in no way
implies a change in the worker's status. Temporary workers retain their temporary
status unless and until they are specifically notified by the Utilities of a change.
24. TIME REPORTING POLICY
General Policy
The goal of the time reporting system is the accurate and timely reporting of time worked
(by job or account) and time off(by category). This is essential for (1) guaranteeing that
employees are paid correctly and that their leave accumulations are accurate, (2)
monitoring actual performance against budgetary goals, and (3) ensuring labor costs are
properly reported.
Each employee is responsible for the accurate submission of his or her own personal time
reporting, and each supervisor is responsible for reviewing the employee's compliance
with this time reporting policy.
Recording Time
Non-exempt employees are required to record and submit the following on their timecard:
• Amount of Time Worked in increments of the nearest one-quarter hour;
• Description of the activities performed during the time worked;
• Identification of the account to be charged (accounting system designation); and
• The work order(s)to which the time applies (as appropriate).
The purpose of the description of activities during the time worked is to document for
employee performance and client accountability purposes how an employee's work time
was spent. Work orders are utilized for specific projects to track time and labor for billing
purposes, or capitalization projects, or the installation and repair of security systema.
Frequency
Non-exempt employees are required to fill out their timecards daily. It is preferred that
employees fill out their timecards at the end of each completed work day, but timecards
19
November 2015
March 2017
137
may be completed within the first hour of arriving at work on the subsequent work day.
This is not intended to conflict with payroll deadlines for paperwork.
Timecards will be checked periodically throughout the pay period for completeness and
accuracy. Timecards must be made available for review/audit upon request by the
employee's supervisor.
Time Deductions for Breaks
Field workers generally will receive one fifteen minute paid break in the morning and one
in the afternoon; and will receive a 30 minute unpaid lunch break during each shift.
Office employees receive a 60 minute break for lunch, 30 minutes of which is paid in lieu
of having two fifteen minute breaks, morning and afternoon. The other 30 minutes of the
office employees' 60 minute lunch break is unpaid. Please see below under "Ensuring
Accuracy of Timekeeping Reports"for important information about pay practices affecting
unpaid lunch breaks.
Ensuring Accuracy of Timekeeping Reports
Non-exempt employees are responsible for,and must take steps to ensure,the accuracy and
completeness of time reporting data collected. This is critically important because
the Utilities relies on such submissions in carrying out its duty to properly pay wages and
other forms of compensation. Furthermore,knowingly submitting or approving inaccurate
time reporting data is a violation of policy and may subject the person to disciplinary
action.
PLEASE NOTE: By submitting time reporting data a non-exempt employee is attesting to
the accuracy of the time data reflected on the timecard and/or in the report.
PLEASE NOTE FURTHER: Because of the regularity of our break and work schedules,
the Utilities's timekeeping systems are set to automatically Eleduetdeducts scheduled
unpaid lunch breaks. If an employee does not receive the 30 minute unpaid lunch break on
any given shift,the Utilities will pay you for that 30 minutes. We can do so,however,only
if you notify us of the non that you did not get your break
. . . .. . ' . It is your responsibility to provide this notice to
your supervisor. A pattern of not taking unpaid lunch breaks may subject an employee to
discipline; but it will never result in the Utilities failing or refusing to pay for such time.
Special Note About Work Performed Outside of Scheduled Times and Places
Each non-exempt employee must accurately record and properly report all time spent
performing work for the Utilities,regardless of the location where such work is performed.
Employees generally should not perform work at times or places outside of the times and
places they are scheduled to work by the Utilities. If a need for work outside of scheduled
times or places is, or should be, anticipated, the employee should seek permission to
20
Novcmbcr 2015
March 2017
138
perform such work from Utilities management in advance, and if permission is not secured
in advance such work should generally not be performed. Performing work outside of
scheduled and approved times and places may result in discipline; it shall not under any
circumstances, however, result in an employee not being paid for time spent performing
Utilities work. In the case of a non-exempt employee who is on call, the on call stipend
paid to the employee covers all compensation due for calls taken as to which there is no call
out.
If unanticipated, time-sensitive, or urgent work needs to be performed at times and/or
places outside of those scheduled by the Utilities, the non-exempt employee should
perform only so much of the work as is necessary to address the immediate need.
Regardless of whether work is anticipated or of an urgent nature,and regardless of whether
advance permission has been received to do such work or not, all time spent by a
non-exempt employee actually performing Utilities work must be accurately recorded
and properly reported to Utilities management.
25. PAIR PAY POLICY
Elk River Municipal Utilities (referred to in this Fair Pay Policy as the "Employer"or the
"Utilities") is committed to fair compensation for its employees as explained in this Fair
Pay Policy. Specifically, it is the policy and practice of the Employer to accurately
compensate employees and to do so in compliance with all applicable state and federal
laws. The Utilities will never knowingly fail or refuse to pay an employee the full amount
of compensation to which he or she is entitled by law for work performed on behalf of the
Utilities.
ALL EMPLOYEES
Protection of Employee Rights
The Employer will protect the right of each employee to receive compensation according
to the law. Violations of this Fair Pay Policy. whether by a managerial or non-managerial
employee, may result in disciplinary action. if appropriate under the circumstances, up to
and including termination of employment.
The Employer will not tolerate or allow any form of retaliation against individuals who
report alleged or suspected violations of this policy or who cooperate in the Employer's
investigation of such reports. Retaliation is unacceptable, and any form of retaliation in
violation of this policy will result in disciplinary action,up to and including termination.
Record Your Time And Review Your Pay Stub
To ensure that you are paid properly for all time worked and that no improper deductions
are made, you must record correctly all work time and review your paychecks promptly to
identify and to report all errors.
21
November 2015
March 2017
139
The Employer makes every effort to ensure that its employees are paid correctly.
Occasionally. however, inadvertent mistakes can happen. When mistakes happen. the
Employer will promptly make any corrections necessary to provide you with the pay to
which you were entitled and as otherwise required by law. To assist the Employer in its
efforts, please review your pay stub when you receive it to make sure it is correct. If you
believe a mistake has occurred or if you have any questions. please use the following
procedure.
How to Raise a Question or Concern about your Pay or a Payroll Deduction
If you have questions about your pay or any deduction from your pay, please immediately
contact your supervisor/manager. If you believe your paycheck has been subjected to an
improper deduction or that the pay you have received does not accurately reflect the
compensation you are entitled to for your work. you should immediately report the matter
to your supervisor/manager, the Finance & Office Manager, or the Payroll Specialist.
The Employer will fully investigate every such report, including by reviewing appropriate
time and payroll records and interviewing persons responsible for payroll and/or payroll
deductions. If you have been paid incorrectly or if the Employer determines that a
deduction was improperly made,the Employer will reimburse you as promptly as possible,
which will be no later than two pay periods from the time you report the suspected
problem. The individual(s) responsible for the error will be investigated further to
determine if the error was an isolated incident or whether instead it may be part of a pattern
of conduct that requires further action on the part of the Employer.
Regular Attendance is an Essential Job Function and Your Attendance Record is a
Performance Issue
Regular attendance is an essential function of jobs with the Employer. The failure of any
employee, whether exempt or non-exempt, to perform according to the Employer's
expectations, includin• an failure b an ern lo ee to meet the Em lo er's attendance
standards. may result in disciplinary action up to and including termination of
employment. For these and other reasons, it is important for employees to accurately
record the time they work for the Employer.
NON-EXEMPT EMPLOYEES
If you are classified as a non-exempt employee. the Employer relies on your use of the
timekeeping software to maintain an accurate record of the total hours you work each day.
The timekeeping software is designed to reflect all regular and overtime hours worked,any
absences, late arrivals, early departures and meal breaks. If any error or inaccuracy occurs
in connection with your use of the timekeeping software it is your responsibility to notify
your supervisor/manager to correct the error or inaccuracy. When you receive each pay
check, please verify immediately that you were paid correctly for all regular and overtime
hours worked during each work week.
22
November 2015
March 2017
140
You should not work any hours that are not scheduled or requested of you by the Employer
unless you are authorized to do so by your supervisor. Do not start work early, finish work
late, work during a meal break or perform any other extra or overtime work unless you are
authorized to do so and you record such time on your time card. Non-exempt employees
are strictly prohibited from performing any "off-the-clock" work. "Off-the-clock" work
means work you perform but fail to report on your time card. Any employee who fails to
report or inaccurately reports hours worked will be subject to disciplinary action,up to and
including termination.
It is a violation of the Employer's policy for any em•to ee to falsif a time card or to alter
another employee's time card. It is also a serious violation of Employer policy for any
employee or manager to instruct another employee to incorrectly or falsely report hours
worked or alter another employee's time card to under-report or over-report hours worked.
If any manager or employee instructs you to either(I) incorrectly or falsely under-report or
over-report your hours worked,or(2)alter another employee's time records to inaccurately
or falsely report that employee's hours worked, you should report the situation
immediately to the Payroll Specialist, the Finance & Office Manager, or your
supervisor/manager.
On Call Time For Non-Exempt Employees
Non-exempt employees in certain positions may be scheduled to be on call for duty of
various kinds. Compensation for time spent on call by non-exempt employees is generally
subject to applicable state and federal law and to the terms of any governing union contract.
Similarly, compensation for time spent actually working is paid according to applicable
state and federal law and to the terms of any governing union contract.
EXEMPT EMPLOYEES
Salary Basis of Compensation
If you are classified as an exempt employee, you will receive a salary that is intended to
compensate you for all hours worked for the Employer. This salary will be established at
the time of hire or when you become classified as an exempt employee. While your salary
may be subject to review and modification from time to time, such as during salary review
times, the salary will be a predetermined amount that will not be subject to deductions for
variations in the quantity or quality of the work you perform.
Attendance and Recording Time for Exempt Employees
Although exempt employees are paid on a salary basis and not by the hour. all exempt
employees are nevertheless required to record all time spent working for the Employer.
This is important for a variety of reasons, but it is not for the purpose of paying an exempt
employee other than on a salary basis.
23
November 2015
March 2017
141
For payroll purposes, the regular workweek for exempt employees of the Employer is
defined as the week running from Tuesday morning at 12:00 a.m.to the following Monday
morning at 11:59 p.m.
The regular business workday for exempt employees is generally from 7:00 a.m. to 3:30
p.m. or 8:00 a.m. to 4:30 p.m., unless a manager or supervisor has specified other
expectations or arrangements. The Employer generally expects that an exempt employee
will work forty or more hours in each workweek. Exempt employees are required to meet
the Employer's attendance standards, which the Employer sets in its discretion.
On Call Time For Exempt Employees
Exempt employees who are assigned on-call duty or pager duty do not receive additional
pay for that duty. The Employer may, from time to time in its discretion, choose to assign
certain credit or rewards to exempt employees for performing such duty.
Deductions from an Exempt Employee's Salary
The Employer does not permit any payroll deduction unless it is approved by the Finance
& Office Manager. Deductions from an exempt employee's salary will only be made in
good faith and in compliance with applicable law. No manager or other employee of the
Employer has the authority to order any deductions from an exempt employee's salary
without the approval of the General Manager.
Federal and state law limit the deductions that may be made from the salary of an exempt
employee. The Employer intends to fully and strictly comply with these limitations.
Please note that these limitations concern the amount of gross salary received on the
paycheck: but these are different from any limitation on deductions from an employee's
leave bank. Further explanation of how this works follows below.
Important Definitions.
A deduction from salary is a deduction that results in a lower
gross pay amount on an employee's paycheck.
A deduction from a leave bank does not result in a lower
gross pay amount on an employee's paycheck, but, rather,
reduces the balance in the employee's leave account: or, in
other words, reduces the amount of an employee's accrued
and unused vacation or sick leave.
Permissible Deductions from Salary.
Absent contrary state law requirements or a specific employment contract executed
by a duly authorized representative of the Employer, the salary of an exempt
employee may be reduced for any of the following reasons:
24
November 2015
March 2017
142
• Full day absences for personal reasons.
• Full day absences for sickness or disability (which absence may otherwise
be paid through any sick time benefits available to the salaried employee, if
an .
•
Full day disciplinary sus.ensions for infractions of the Em.loyer's written
policies and procedures.
• Full day disciplinary suspensions for violations of workplace safety rules of
major significance.
• To offset amounts received as payment for jury and witness fees or military
aay.
• The first or last week of employment in the event the employee works less
than a full week.
The salary of an exempt employee may also be reduced for certain types of
deductions such as the Employer's portion of health, dental or life insurance
premiums; state, federal or local taxes, social security; or, voluntary contributions
to a Section 457 retirement plan.
Impermissible Deductions from Salary.
In any work week in which an exempt employee performs any work, the exempt
employee's salary amount will not be reduced for any of the following reasons,
although,as explained further in more detail below,the employee's leave bank may
be reduced for these reasons, in some circumstances:
• Partial day absences for personal reasons, sickness or disability.
• Absence because the facility is closed on a scheduled work day.
• Absences for jury duty, attendance as a witness, or military leave in any
week in which you have performed any work.
• Any other deductions prohibited by state or federal law.
Permissible Deductions from An Exempt Employee's Leave Bank.
Federal and state law permit the Employer to reduce an exempt employee's accrued
vacation or sick balance for full or partial day absences for personal reasons,
sickness or disability. Deduction for the use of such leave time will not be made
from the exempt employee's salary but from the exem.t em.lo ee's leave bank.
Questions or Concerns about This Fair Pay Policy
If you have questions or concerns about this Fair Pay Policy, please contact your
supervisor/manager or Human Resources.
25
November 2015
March 2017
143
26. CALL OUT TIME: REGULAR FIELD WORKERS
Regular field workers who are asked to report for work outside their regular working hours
shall be paid a minimum of two (2)hours each time they report for work.
Scheduled work contiguous to normal working hours shall not be subject to this two (2)
hour minimum reporting pay obligation. However, if a regular field worker reports for
work before or remains after the regular eight (8) hour work day, or works on a Saturday,
Sunday or Holiday, he/she will be paid at the applicable overtime rate for each hour
worked over eight in a day, or on a Sunday or Holiday, as applicable. Such reporting and
overtime pay is not applicable to situations involving travel or training time away from the
regular workplace except where the employee's total working time for the workweek
exceeds 40 hours, in which case the 40 hour overtime provision will apply.
Work performed for which an employee does not report to a particular work site, such as
work that can be performed on a laptop computer from a non-work site,shall not be subject
to this two hour minimum reporting pay obligation.
This policy does not apply to employees other than regular field workers.
27. ON-CALL
Regular Field Workers.
Required On-Call Rotation for Regular Field Workers_
Regular field workers (including linepersons, water operators,
and other specifically trained field workers) are subject to a
residency rule. These same workers are also subject to required
participation in a scheduled on-call rotation. Apprentices may
be excluded from the on-call rotation for up to one year from
their date of hire, per management discretion. The on-call
rotation is scheduled in one (1)week blocks.
Residency Rule. The residency rule applies to the regular field
workers who may be required to serve on-call. The residency
rule is that these employees must live within a twenty (20) mile
radius of the power plant.
Response Time. The following guidelines on response time
apply to regular field workers in the on-call rotation schedule on
a 24-hours-a-day, seven-days-a-week basis during the workers'
scheduled on-call weeks.
26
November 2015
March 2017
144
• While on-call, workers must remain within the 20 mile
residency radius.
• While on-call, workers are expected to make immediate
telephone contact in response to a call.
• While on-call,workers are expected to urgently report to
a site of need within a reasonable time, which will vary
depending on the identified reason for the call.
Depending on the need an on-call worker may find it
necessary to call in a field partner to assist in providing
appropriate and timely call response.
Take Home Vehicles. Regular field workers who are part of the
scheduled on-call rotation will be provided a company vehicle
to take home for the exclusive purpose of responding to calls
about Utilities business during the on-call block.
Compensation for On-Call Time. Time spent on-call by
regular field workers is not working time. In recognition of this
on-call service, however, nominal compensation is paid.
Weekly Compensation for Workers in an On-Call
Rotation. For workers in a regular on-call rotation,
compensation of twelve (12) hours at the worker's base rate
of pay is paid, which covers an entire one (1)week block of
on-call service. This compensation covers all time spent on
call during the on call week, including phone or other remote
triage work as to which there is no call out.
Pro Rata Compensation for Workers Performing Back-Up
On-Call Service. Workers not in a regular on-call rotation
may be designated and required to serve on-call on a
back-up basis. Such workers who serve on-call for less than
a full week at a time will be compensated for their on-call
service on a pro rata basis for each day of on-call service, at
the daily rate of 1/7 of 12 hours times the worker's base rate
of pay. Workers not in a regular on-call rotation who serve
on call, upon designation, for a full week will receive
compensation on the same basis as do workers who are in an
on-call rotation.
When a recognized paid holiday falls within the on-call block
covered by the worker(whether a week or portion thereof),eight
(8) comp time hours will be awarded as additional on-call
compensation.
27
November 2015
March 2017
145
Compensation for Actual Response Time. Time spent actually
responding to a call that is received while a worker is serving
on-call,however,is working time,and is therefore paid based on
an employee's regular rate of pay.
Call out time. When an employee is on-call,the Utilities'policy
on call out time pay still applies, in accordance with the terms of
that policy.
Other On-Call Arrangements Certain employees other than regular
field workers, namely the Security Technician, the Electrical Line
Superintendent, and the Water Superintendent, are subject to call
response requirements for emergency preparedness and/or customer
service purposes. The Security Technician, the Electrical Line
Superintendent and the Water Superintendent are not subject to the
residency rule that applies to regular field service workers.
Security Technician. The Security Technician is required to be
available to respond on an urgent basis to customer service
needs on a 21 hours a day, seven days a week basis, without
rotation. Such on call time and availability is not working time.
The Security Technician is not required to remain within the
for time spent on call. The Security Technician shall arrange for
coverage of his er her eta call dies: 1) during his or her
scheduled vacation periods; 2) when it is necessary for the
Security Technician to use accrued sick leave.
by the Security Technician actually responding to a call
that is received while serving on call, however, is
working time, and is therefore paid based on an
employee's regular rate of pay.
Call out time. When the Security Technician is on call,
the Utilities' policy on call out time pay still applies, in
accordance with the terms of that policy.
Superintendents.
Electric Superintendent. The Electric Superintendent is
required to be available to triage or respond on an as-needed
basis to emergency calls 24 hours a day, seven days a week
without rotation. Such on-call time and availability is not
working time. The Electric Superintendent is not required to
remain within the residency radius and does not receive
additional compensation for on-call time or for actual
28
November 2015
March 2017
146
response time. The call out time policy does not apply to the
Electric Superintendent. The Electric Superintendent shall
arrange for another qualified Utilities employee to be on
call: 1) during his or her scheduled vacation periods; 2)
when it is necessary for the Electric Superintendent to use
accrued sick leave.
Water Superintendent. The Water Superintendent is
required to be available to triage or respond on an as-needed
basis to emergency calls 24 hours a day, seven days a week
without rotation. Such on-call time and availability is not
working time. The Water Superintendent is not required to
remain within the residency radius and does not receive
additional compensation for on-call time or for actual
response time. The call out time policy does not apply to the
Water Superintendent. The Water Superintendent shall
arrange for another qualified Utilities employee to be on
call: 1) during his or her scheduled vacation periods; 2)
when it is necessary for the Water Superintendent to use
accrued sick leave.
Take Home Vehicles. Based on the expectation that they will
regularly be available to respond in a timely and appropriate
manner to calls about Utilities business outside of regular
business hours, the Security Technician, the Electric
Superintendents and the Water Superintendent, are provided
Utilities vehicles to take home. These vehicles are subject to the
Utilities' vehicle policy and may only be used for the exclusive
purpose of responding to calls about Utilities business.
28. ELECTRIC RE-CONNECT TIME
Regular field workers performing electric re-connects at times other than during their
scheduled work hours will be paid in accordance with the general policy on Call Out Time
for Regular Field Workers.
29. STORM PAY
Employees assigned to work at another utilities distribution system to assist with
restoration following a storm, will receive time and one-half(1.5) times their regular rate
of pay for all such hours worked, except hours worked on Sunday or an Elk River
Municipal Utilities recognized Holiday, which shall be paid at two (2.0) times the
employee's regular rate of pay. The Utilities will use its best efforts to rotate and distribute
29
Novcmbcr 2015
March 2017
147
these assignments equally with priority on maintaining proper staffing levels at Elk River
Municipal Utilities.
30. LEAD PAY DIFFERENTIAL
An employee who is currently a lineman shall assume the duties of a lead lineman when the
lead lineman is absent from a crew,provided that only the most senior lineman on a crew
shall assume the lead lineman's duties. The lineman assuming such duties shall receive a
rate differential equal to 3%of his or her applicable rate of pay times the number of hours
worked during which the lineman assumed such lead duties.
The rate differential provided in this policy applies during both regular scheduled work
hours and after hours. During after-hours call out, as well as at any other time, this rate
differential will be paid only when the crew is full and the lead lineman is absent.
31. PAYCHECK DEDUCTIONS
By law,the Utilities is required to withhold federal and state taxes, FICA and PERA from
an employee's pay. The Utilities also has a Health Care Savings Plan with mandatory
participation and will withhold applicable amounts from an employee's pay. In addition,
other deductions may be made upon authorization of a participating employee including
the following:
a. Employee share of health insurance h. World Vision
b. Credit Union i. United Way
c. PERA life insurance
d. Deferred compensation
e. Flexible benefits
f Security System purchase/time payments
g. Computer Loans$1,200.00 (12 months)
32. PAYCHECKS
Employees are paid every two weeks. The pay period begins every other Tuesday at 12:00
a.m. and ends every other following Monday at 11:59 p.m. Payday is the Friday
immediately following the end of the pay period.
Employees are responsible for their paychecks upon receipt. Direct deposit is available to
employees upon request.
30
November 2015
March 2017
148
33. NIGHTWORK REST TIME
The Utilities will provide a regular field worker with one hour paid rest time for each hour
worked between 10:00 p.m. and 6:00 a.m.,excluding work performed during such window
on Saturday or Sunday. The worker must make arrangements with his or her supervisor
before taking such rest time. This nightwork rest time shall be taken during the next
scheduled work shift. If the supervisor does not release the worker to take this nightwork
rest time, all hours worked by the worker on the next scheduled shift shall be paid at one
and one half times the worker's base rate of pay. It is the employee's responsibility to
notify the supervisor and obtain approval prior to taking the rest time. It is also the
employee's responsibility to take the nightwork rest time if it is approved by the
supervisor. The employee's failure to take approved nightwork rest time shall result in
forfeiture of such rest time. Nightwork rest time does not apply and is not paid in
connection with travel or training time away from the regular workplace.
34. TRAVEL AND TRAINING TIME
Employees are paid for time spent in training related to their position with the Utilities,
which must be approved in advance by the supervisor.
Employees will be paid for their time spent travelling in the following circumstances.
1. When a non-exempt employee is engaged in travel which keeps the
employee away from home overnight and which cuts across a regular
workday;
2. When a non-exempt employee travels to a special one-day work assignment
in another city that does not require an overnight stay;
3. When a non-exempt employee spends time traveling as part of the
employer's principal activity;
4. When a non-exempt employee spends time traveling between home and
work in"call back"or"emergency" situations; and
5. When a non-exempt employee performs work during travel.
Overtime (at one and a half times the regular rate of pay) will be paid in connection with
training or travel time only when, and to the extent, that an employee's total compensated
hours in a workweek exceed 40. The eight hour and double time provisions of the Utilities'
wage and hour policy do not apply to days involving work-related travel or training.
31
November 2015
March 2017
149
BENEFITS
35. GENERAL BENEFITS
This handbook provides a brief description of benefits available to eligible employees.
The descriptions provided here are not intended to be comprehensive and all questions
regarding eligibility and benefit levels should be directed to your supervisor so the specific
plan documents can be reviewed for an answer. The plan documents govern any
inconsistencies between these documents and the information provided here. Benefits and
eligibility requirements are subject to change,and such changes may not be reflected in this
description.
The Utilities expects to offer its benefit plans for the foreseeable future, but it reserves the
right, in its sole discretion,to change, modify or eliminate them at any time, except to the
extent prohibited by law.
36. VACATION
All regular full-time employees shall accrue vacation according to the following schedule:
Years of Service to Accrual Rate Accrued per
Utilities Since Most Per Year pay period
Recent Date of Hire
0—3 years 10 3.08 hours per
pay period
4 years 12 3.69 hours per
pay period
5 years 13 4.0 hours per
pay period
6-9 years 15 4.62 hours per
pay period
10 years 16 4.92 hours per
pay period
11 years 17 5.23 hours per
pay period
12 years 18 5.54 hours per
pay period
32
November 2015
March 2017
150
13 years 19 5.85 hours per
pay period
14-18 years 20 6.15 hours per
pay period
19+years 25 7.69 hours per
pay period
Regular part-time employees accrue paid vacation under this schedule on a pro rata basis.
Temporary and seasonal employees are not eligible for paid vacation.
Employees must request time off for vacation as far in advance as feasible. When possible,
employees will be granted vacation time of their choice. However this time is subject to
the operating needs of the Utilities.
Vacation days accrue each pay period as shown in the table above. Paid vacation may be
taken as soon as it is accrued. Accrual rates change, as applicable, on an employee's
anniversary date. Example: If an employee's start date was July 1, 2000, the new accrual
rate would start July 1, 20043.
Unused vacation days may be carried over from year-to-year, but only to a limited extent,
as follows. Unused vacation carryover will be limited to the number of hours accrued
during the previous year. Accrued vacation days beyond the carryover limit are lost. For
example, if an employee with 2 years of service has accrued but not used 15 vacation days
by the end of the pay period containing his or her anniversary date, he or she will only be
permitted to carryover 10 days to the next year.
Paid vacation may not be used for the purpose of extending an employee's active
employment with the Utilities or for retaining a full-time equivalency percentage that is not
based on an employee's actual planned and scheduled working time.
Employees who voluntarily end their employment and who give the Utilities proper
(generally at least two-weeks)notice shall be paid out for earned but unused vacation time
as of the date of separation, provided they sign and do not rescind an agreement releasing
claims arising out of their employment, in a form prescribed by the Utilities. Employees
involuntarily terminated by the Utilities for any reason other than lack of work shall not be
paid out any unused vacation time.
The Electric Superintendent and Assistant Electric Superintendent accrue paid vacation at
the rate set forth above and are generally subject to this Vacation policy;but they each shall
also receive an additional 40 hours of paid vacation per year, the balance of which will be
paid out at their respective then-current base rates of pay if not used by the end of the year.
No such balance may be carried over from year to year.
33
November 2015
March 2017
151
37. PAID SICK LEAVE
Regular full-time employees accrue sick leave at the rate of 3.69 hours per pay period
(approximately 8 hours per month). Regular part-time employees accrue sick leave pro
rata based on the full-time accrual rate. Temporary and seasonal employees are not eligible
for sick leave.
Sick leave may be used for illness and for visits to a heath care provider(including any visit
that would qualify for reimbursement under IRS Flexible Health Care Spending Accounts
guidelines, which include, for example, medical doctors, dentists and optometrists). Sick
leave may be used to cover illness or visits of the employee or the employee's child or
another "covered relative" as defined below, or for purposes of parenting leave in
accordance with Minnesota law. To be a"covered relative"under this policy an individual
must have same residence address as the employee and must receive substantially all of his
or her financial support from the employee. Documentation from a health care provider
may be requested by the Utilities in its sole discretion. Sick leave is a privilege,and misuse
may result in disciplinary action.
In addition, an employee's sick time can also be used for a "safety leave" for covered
relatives for the purpose of providing or receiving assistance due to sexual assault,
domestic abuse or stalking. See also Minnesota Sick Family Member or Safety Leave,
No 49, below.
Sick leave may not be used for the purpose of extending an employee's active employment
with the Utilities or for retaining a full-time equivalency percentage that is not based on an
employee's actual planned and scheduled working time.
Employees are required to notify their immediate supervisor at least thirty (30) minutes
prior to the start of their regular working hours if they intend to be absent from work. If an
emergency prevents the employee from notifying his/her supervisor at such time, the
employee is expected to call as soon as possible during the work day. Employees are also
required to keep their supervisors informed of their condition and anticipated return to
work.
An employee attempting to use sick time for reasons other than those explicitly permitted
in this policy will be subject to disciplinary action up to and including termination.
A doctor's certification of the need for sick leave in accordance with this policy shall be
required if an employee is absent more than four (4) days or if abuse of sick leave is
suspected by the employee's immediate supervisor, a Utilities manager, or the Human
Resources Representative. In some circumstances, an employee may be requested to
submit to a medical examination by an appropriate health care provider to confirm whether
the employee is fit for duty. In such a circumstance,the Utilities may select the health care
provider to conduct the examination.
34
November 2015
March 2017
152
Unused sick leave will not be paid out in wages upon termination of employment, but in
some circumstances is subject to limited conversion under the Health Care Savings Plan
policy found elsewhere in this Handbook.
38. PAID HOLIDAYS
Regular full-time employees will be paid for eight(8)hours at their base wage rate for each
of the following holidays:
New Years Day Veterans Day
Martin Luther King Day Thanksgiving Day
Presidents Day Friday following Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Labor Day
Eligible part-time employees will receive paid holidays on the same basis as regular
full-time employees, except that holiday pay will be pro-rated according to the number of
hours worked.
If the holiday falls on a Saturday, the preceding Friday will be observed. If the holiday
falls on a Sunday,the following Monday will be observed as a holiday. Employees will not
receive holiday pay for any holiday that falls during any leave of absence.
39. EMPLOYEE CLOTHING
It is required that employees wear clothing items specified by the Utilities for their position
and activity during working time.
For regular field workers potentially exposed to electric hazards, the Utilities will provide
an initial issue of five fire retardant long sleeved shirts, five fire retardant pants, and five
fire retardant tee shirts per outside employee exposed to electric hazards,. As an alternative
option, one fire retardant hooded fleece may be substituted for two fire retardant
long-sleeved shirts and/or one sweatshirt may be substituted for two long-sleeved shirts.
Provided clothing may also include: lineman's climbing boots, summer work boots,rubber
boots, rubber overshoes, insulated winter boots, and coveralls (used for maintenance on
trucks). The Utilities will issue a check to the supplier for the covered items. For
employees other than regular field workers, the Utilities will provide a $75 annual
allowance for Utilities logo clothing.
On an annual basis,the Utilities will replace worn out items that have been provided by the
Utilities. Worn out items should be turned in to the Utilities . The Utilities will also
provide and replace the following as necessary in the Utilities' discretion: fire retardant
35
November 2015
March 2017
153
lined and unlined bib overalls, fire retardant lined parka and hood, fire retardant lined
bomber jacket, and hats with the appropriate emblems and identification.
Upon the end of employment with the Utilities, an employee must return all Utilities
clothing items that were issued to him or her that were paid for by the Utilities with the
exception of boots.
40. HEALTH CARE SAVINGS PLAN
Utilities' employees participate in the Minnesota Post Employment Health Care Savings
Plan(HCSP)established under Minn. Stat. § 352.98 and as outlined in the Minnesota State
Retirement System's Trust and Plan Documents. All funds collected by the employer on
the behalf of the employee will be deposited into the employee's Post Employment Health
Care Savings Plan account. General participation rules are outlined below, for a complete
guide regarding benefits, use, and eligibility see the plan's documents.
1. Employees are required to contribute to the Post Employment Health Care
Savings Plan. These funds will be deposited after each pay period. The
contribution shall be based on the following structure:
There will be four groups, concurrent with the pay plan. The four groups are
Office, Field Workers, Line Workers, and Management. All groups shall
participate in contributions as follows:
a. Employees with fewer than 10 years of service are required to
contribute 1%of their gross wages.
b. Employees with fewer than 20 years of service and at least 10 years of
service are required to contribute 2%of their gross wages.
c. Employees with at least 20 yeast of service are required to contribute
3%of their gross wages.
2. Employees who have accrued over 960 hours of sick time will have 50% of
those hours converted to cash and deposited in their Post Employment Health
Care Savings account. The conversion will take place once a year at the end
of December.
3. Employees who voluntarily end their employment and who give the Utilities
proper (generally at least two-weeks) notice, and employees whose
employment ends involuntarily because of lack of work, will have 50% of
unused sick leave, up to a maximum of 120 days, converted into cash and
deposited into their Post Employment Health Care Savings account provided
they sign and do not rescind an agreement releasing claims arising out of their
employment, in a form prescribed by the Utilities. Employees involuntarily
terminated by the Utilities for any reason other than lack of work shall not be
36
November 2015
March 2017
154
eligible to receive such conversion. No contributions will be accepted by the
Plan on behalf of an employee after the death of the employee.
41. 457 DEFERRED COMPENSATION
The Utilities will match funds contributed by employees, up to 3% of their base salary
annually, with a maximum contribution of$2,000.00. These plans are administered by the
Minnesota State Deferred Compensation Plan and/or Wenzel &Associates' ING Plan.
The Utilities' contribution will be made as of May 31st of each plan year for the employee
or as soon thereafter as administratively feasible. If an employee departs prior to May 31st,
she/he will receive a prorated contribution for that year. For a complete plan description
consult the summary plan description distributed to each employee or available upon
request.
42. HEALTH INSURANCE COVERAGE
For eligible employees who regularly work 30 hours per week, and enroll in a health
insurance plan provided by the Utilities, the Utilities will pay seventy-five percent (75%)
of the monthly premium per employee/family for health insurance. The Utilities currently
offers both a conventional plan and a Health Savings Account-related plan. Plans and plan
designs may change from time to time. The amount of the monthly premium for a health
insurance plan over and above 75%of the total monthly premium for health care coverage
is the responsibility of the employee. Employees should consult the Summary Plan
Descriptions of the available plans for details regarding coverage and eligibility. A copy of
these descriptions will be provided to employees and is available upon request.
43. DENTAL INSURANCE
Eligible employees who regularly work at least 30 hours per week and who enroll in the
Utilities' dental insurance plan, the Utilities will pay seventy-five percent (75%) of the
monthly premium per employee/family for dental insurance. Any monthly premium over
and above 75% of the dental coverage is the responsibility of the employee. Employees
should consult the Summary Plan Description for details regarding coverage and
eligibility. A copy of this description will be provided to employees and is available upon
request.
44. LONG-TERM DISABILITY
A Long-Term Disability Plan is provided to eligible employees who regularly work at least
30 hours per week. Schedule amount: 662/3%of Monthly Earnings subject to a maximum
amount of $5,000.00 per month. Employees must be employed for two (2) months to
37
November 2015
March 2017
155
qualify for coverage. Employees should consult the Summary Plan Description for details
regarding coverage and eligibility. A copy of this description will be provided to
employees and is available upon request.
45. LONG TERM CARE INSURANCE
Long Term Care Insurance is available to employees, at the employee's election and
expense, upon application and approval by the insurance provider. Employees should
consult the Summary Plan Description for details regarding coverage and eligibility. A
copy of this description will be provided to employees and is available upon request.
46. LIFE INSURANCE
Life insurance is provided to each employee at a rate of Two and One Half times (2'/2)the
employee's annual salary, to a maximum of$85,000.00. Employees should consult the
Summary Plan Description for details regarding coverage and eligibility. A copy of this
description will be provided to employees and is available upon request.
47. EDUCATIONAL ASSISTANCE
The Utilities will provide financial assistance to eligible employees for pre-approved
courses that are job related, lead to a job-related degree, or are within areas beneficial to the
Utilities in its discretion and pursuant to this policy. With regard to education required by
the Utilities or in connection with a Utilities-approved apprenticeship training program,
check with a Utilities manager.
1. All full-time Utilities employees with at least three months of continuous
employment are potentially eligible for reimbursement under this policy.
2. The Utilities may pay up to 100% reimbursement of the costs for tuition,
registration, fees, books and course required materials after successful completion
of a pre-approved course. Courses must be at accredited colleges, universities, or
vocational schools or be short courses conducted by recognized professional
training organizations.
3. A course may be approved if:
a) It is directly related to the employee's work for the Utilities.
b) It is required by a program of study leading to a degree that is directly related to
the employee's work for the Utilities.
c) It will improve the employee's work for the Utilities.
d) It is expected to be completed within a time acceptable to the Utilities.
38
Noycmbcr 2015
March 2017
156
4. This policy will not cover recreational or personal interest courses.
5. Prior to registration, the employee must have full approval for the course from
Utilities' management designated as having approval authority for such matters.
6. The Utilities reserves the right to disapprove educational assistance requests and to
amend or eliminate this policy from time to time in its discretion.
7. Total reimbursements to an employee during the academic year may not exceed
$3,000.
8. Not eligible for reimbursement are costs of:
a) late fees and fees due to an employee error
b) meals,transportation, lodging, insurance, etc.
9. If an employee is eligible for education assistance from any outside source (e.g.:
G.I. Bill, grants, scholarships, etc.), the employee must apply for any assistance
first and request the balance through this Education Assistance Policy.
10. Termination of employment prior to completion of a course will disqualify the
employee for educational assistance.
11. Courses not satisfactorily completed within the time expected or otherwise
acceptable to the Utilities will not receive reimbursement but must instead be paid
for by the employee.
12. Course attendance and preparation must take place outside of scheduled work
hours and must not jeopardize the employee's work performance.
13. Employees will be paid for any time used in attending courses for which they are
required by the Utilities to attend. All tuition and fees for such course will be paid
for by the Utilities.
LEAVES OF ABSENCE
The Utilities provides leaves of absence according to the following policies. Unless
otherwise indicated, all leaves of absence are unpaid. An employee requesting a leave of
absence must complete a Request for Leave of Absence form. Forms for requesting a leave
of absence are available from the Human Resources Representative. When possible,
advance notice of a leave should be provided to an employee's supervisor so work
schedules can be adjusted accordingly.
39
November 2015
March 2017
157
48. PARENTING LEAVE
Under the Minnesota Parental Leave Act, a Minnesota employee who has worked for the
Utilities for at least 12 months and who has worked at least one-half(1/2)time during the
twelve (12) months preceding a leave is entitled to take up to twelve (12)weeks of unpaid
leave as follows:
• An eligible biological or adoptive parent make take such leave for the birth or
adoption of a child; and
• An eligible female employee may take such leave for prenatal care or incapacity
due to pregnancy, childbirth, or related health conditions.
An employee requesting parental leave must give the Utilities at least thirty (30) days
advance notice of the start and end dates of the requested leave, unless such notice is not
possible due to legitimate unanticipated factors in which case as much notice as is possible
should be given. For a leave for the birth or adoption of a child, the leave must begin
within either 12 months of the birth or adoption or, if the child must remain in the hospital
longer than the mother, within 12 months of the child leaving the hospital.
Insurance benefits will continue during the leave, but the employee must pay his or her
portion of the premiums during the leave and will be required to reimburse the Company
for premiums paid by the Company during the leave if the employee does not return to
work following the leave.
If any employee is eligible for parental leave under both the FMLA and the MN Parental
Leave Act,the parental leave time taken under the Company's FMLA leave policy will run
concurrently with time taken under this policy.
If you are eligible for both unpaid MN parental leave and any paid vacation or long-term
disability insurance, you must use this paid time off or salary continuation benefit during
any MN parental leave period up to the amount needed to cover the entire parenting leave.
Following leave under this policy, an employee will be reinstated to his or her same job or
one with comparable duties, hours, and pay.
49. MINNESOTA SICK FAMILY MEMBER OR SAFETY LEAVE
A Minnesota employee who has worked for the Utilities for at least 12 months and who has
worked at least one-half(1/2) time during the past twelve (12) months may use his or her
accrued sick time to care for the employee's sick or injured child, stepchild, foster child,
adopted child, adult child, spouse, sibling, parent, parent-in-law, stepparent, grandparent,
or grandchild (including a biological, step, foster, or adopted grandchild) for reasonable
times as the employee' s attendance may be necessary. This type of leave is referred to as
a"Sick Family Member Leave".
40
Novcmbcr 2015
March 2017
158
In addition, a Minnesota employee who has worked for the Utilities for at least 12 months
and who has worked at least one-half(1/2) time during the past twelve (12) months may
use his or her accrued sick time to receive assistance or provide assistance to the
employee's child, stepchild, foster child,adopted child, adult child, spouse,sibling,parent,
parent-in-law, stepparent, grandparent, or grandchild (including a biological, step, foster,
or adopted grandchild) because of domestic abuse (as defined in Minn. Stat. §518B.01),
sexual assault(as defined in Minn. Stat. §§609.342, 609.3453, or 609.352), or stalking(as
defined in §Minn. Stat. 609.749). This type of leave is referred to as a"Safety Leave."
Eligible employees are limited to using a maximum of 160 hours of sick time in any
12-month period for a Safety Leave or for a Sick Family Member Leave resulting from the
illness of or injury to the employee's adult child, spouse, sibling, parent, parent-in-law,
stepparent, grandparent, or grandchild.
Sick time under this policy must be used in the same manner as the employee would use the
sick time for his/her own illness.
Please note that, if an employee is also eligible for FMLA leave to care for a sick family
member, FMLA leave and Minnesota sick leave time will run concurrently.
50. SCHOOL ACTIVITIES LEAVE POLICY
Employees who have worked at least one-half time during the preceding twelve months are
entitled to up to 16 hours leave during any 12-month period to attend school conferences or
classroom activities related to the employee's child,provided the conferences or classroom
activities cannot be scheduled during non-work hours. If an employee's child receives
child care services or attends a pre-kindergarten regular or special education program, the
employee may use the leave time to attend a conference, or activity related to the
employee's child, or to observe and monitor the services and program, provided the
conference, activity or observation cannot be scheduled during non-work hours.
When the need for leave under this section is foreseeable, the employee must provide
reasonable prior notice of the leave to his or her immediate supervisor and make a
reasonable effort to schedule the leave so as not to unduly disrupt Utilities business.
Regular paid sick leave may not be used for purposes of this school activities leave.
51. BONE MARROW AND ORGAN DONATION LEAVE
Employees who work an average of twenty (20) or more hours per week who seek to
undergo a medical procedure to donate bone marrow or an organ or partial organ will be
granted up to forty(40)hours of paid leave. Regular sick leave need not be used when this
Bone Marrow and Organ Donation Leave policy is applicable to the circumstances. The
41
November 2015
March 2017
159
Utilities may require verification by a health care provider of the purpose and length of
each leave requested by the employee pursuant to this policy.
52. NATIONAL GUARD AND RESERVE LEAVE
Any officer or employee of the Utilities who is a member of the National Guard or other
reserve unit is entitled to a leave of absence from public office or employment without loss
of pay, seniority status, efficiency rating, vacation leave, sick leave, or other benefits for
the time that he/she is engaged with the reserve in training or active service so long as such
leave does not exceed a total of fifteen (15) days in any calendar year. Such leave will be
allowed only in cases where the required military or naval service is satisfactorily
performed. Such leave will not be allowed unless the officer or employee:
• Returns to the public position immediately on being relieved from such
military or naval service and not later than the expiration of the time
herein limited for such leave; or
• Is prevented from returning to Utilities employment by physical or
mental disability or other cause not due to the officer's or employee's
own fault; or
• Is required by proper authority to continue in such military or naval
service beyond the time herein limited for such leave.
53. MILITARY LEAVE FOR UNIFORMED SERVICE
Except as provided otherwise in the National Guard and Reserve Leave Policy above,
employees who are members of,apply to perform,or have an obligation to perform service
in a uniformed service will be granted an unpaid leave of absence to perform such service.
Military leave requests shall be made to the immediate supervisor. The term "uniformed
service" means the Armed Forces, the Army National Guard and the Air National Guard
when engaged in active duty, active duty for training, initial active duty for training,
inactive duty training,full-time National Guard duty,the commissioned corps of the Public
Health Service, and any other category of persons designated by the President in time of
war or emergency. As soon as an employee is informed of the dates of the military
training, he or she should notify his or her supervisor and request a leave of absence, even
if he or she has not yet received written orders.
In the case of an employee whose period of military service is less than 31 days, an
employee must report back to his or her job at the first regularly scheduled shift after the
completion of military service and the time required for return from the place of military
service to the place of civilian employment. An employee called to active duty for more
than 30 days, but less than 181 days, must report back to his or her job not more than 14
days after the completion of his or her military service. An employee called to active duty
for more than 180 days must report back to his or her job not more than 90 days after the
completion of his or her military service.
42
Novcmbcr 2015
March 2017
160
This Policy is not intended to preclude leave with pay as may be provided in the National
Guard and Reserve Leave Policy above.
54. JURY/WITNESS DUTY LEAVE
Employees will be allowed a leave of absence pursuant to state statute without restriction
or sanction when called for jury duty.
• An employee performing jury duty or subpoenaed as a witness in court
or voluntarily serving as a witness on behalf of the Utilities in a case in
which the Utilities is a party will receive the difference between his/her
regular rate of pay and the amount received as juror or witness up to the
maximum allowed by state or federal law.
• The employee must notify his/her supervisor and complete a leave of
absence form within 48 hours of receiving call for jury duty.
• An employee excused or released from jury duty during his/her regular
work hours must report to his/her supervisor immediately thereafter.
• Time spent on jury duty will not count as time worked in computing
overtime.
55. PERSONAL LEAVE DAY
Each June 1st, every regular employee will be credited with one day of paid personal leave
to be taken during the next 12 months with the approval of management. This day, if
unused,will not be carried over from year to year, and it is not paid out or converted upon
separation from employment.
56. BEREAVEMENT LEAVE
A leave of absence, with pay and fringe benefits may be granted to a regular full-time
employee for a maximum of three (3) days in the event of the death of a spouse, child,
parent, brother, sister, grandparent, grandchild, or parent-in-law, brother-in-law,
sister-in-law, grandparents-in-law, step-parents, step-siblings and step-children.
57. GENERAL LEAVE
The Utilities recognizes that circumstances of a unique personal nature may cause an
employee to seek time off without pay. The Utilities may, at its sole discretion, grant
unpaid personal leaves of absence to employees ("General Leave"). Approval is required
of the employee's immediate supervisor and the General Manager before General Leave
will be granted. In no event will General Leave be granted for longer than ninety(90)days,
unless special approval is received from the General Manager.
43
Nobcmbcr 2015
March 2017
161
Vacation and sick leave will not accrue during a General Leave. Further,the employee on
General Leave will not be eligible for holiday pay during the leave. The Utilities will not
contribute to the cost of insurance premiums for an employee on General Leave.
Employees are expected to return from General Leave when the reason for the leave
expires. Employees who take a General Leave have no right to reinstatement.
58. VOTING LEAVE; SERVICE AS ELECTION JUDGE
Under Minnesota Statutes Section 204C.04, employees who are eligible to vote in an
election to fill a vacancy in the office of United States Senator, United States
Representative, State Senator or State Representative, or a presidential primary have the
right to be absent from work for the time necessary to vote and return to work on the day of
that election without penalty or deduction from salary or wages because of the absence.
The Utilities will not abridge or interfere with this right.
The Utilities will provide an employee with paid time off to serve as an election judge,
provided that the employee gives the Utilities at least 20 days' advance written notice. The
Utilities will reduce the employee's pay by the amount the employee is paid to serve as an
election judge.
59. PAID LEAVE DONATION
With the written consent of the Utilities's General Manager or Finance and Office
Manager, employees wishing to do so may voluntarily donate accrued paid leave time that
is presently available for use as sick leave by the donor employee to a co-worker who is
experiencing a medical emergency in the form of a major or catastrophic life event
necessitating time off from work for which the receiving employee has insufficient paid
time off available. Examples of such a life event include, but are not limited to, a heart
attack, stroke, organ transplant, or other medical condition of the employee or a family
member for whose care the employee bears substantial responsibility.
An employee will be eligible to receive and use donated paid leave only if the following
conditions are satisfied:
1. The receiving employee must submit a request for paid leave donation in the form
prescribed by the Utilities.
2. The receiving employee's request for leave must be based on medical need to be
absent from the workplace that is supported by documentation from a health care
provider.
3. There is a reasonable expectation based on a treating provider's documentation
that the receiving employee will return to work within a reasonable time following
44
November 2015
March 2017
162
any leave of absence unless the employee qualifies for long term disability
insurance benefits.
4. The receiving employee is currently eligible to accrue sick leave under the
Utilities's policies.
5. The receiving employee has exhausted all of the employee's own paid leave time
including all sick, vacation, compensatory, and other paid time.
6. The sick leave taken by the receiving employee will not be subject to income
replacement by disability or workers compensation insurance.
The following additional conditions apply to leave donation under this policy:
1. The total amount of paid leave donated to any individual employee in any rolling
twelve month period measured backward from the employee's most recent request
for leave donation may not exceed 240 hours.
2. Donation of paid leave is permanent and final and cannot be rescinded. Donated
paid leave may not be transferred back to the donor under any circumstances. If
the donated paid leave is not use by the receiving employee it is forfeited by all
parties.
3. Donated leave paid leave time may be used by the receiving employee only for
purposes of the medical leave necessitated by the catastrophic life event supporting
leave donation under this policy.
4. Donated paid leave may be used by the receiving employee only for work time
actually and necessarily missed due to the leave taken for the purpose set forth in
the leave request submitted under this policy, and for no other purpose.
5. Donated paid leave may be used by the receiving employee only to replace the
employee's normal work hours lost,up to a maximum of the receiving employee's
FTE (measured as of the date on which the leave begins).
6. Donated paid leave must be used by the receiving employee concurrently with any
applicable unpaid leave available to the receiving employee.
7. Donated paid leave must be used during the leave taken for the purpose submitted
in the leave request under this policy.
8. Donated paid leave not used the leave as described in No. 7, above, will be
forfeited by the recipient.
9. All donations must be made in increments of eight(8)hours subject to a limit of 16
hours per donor to a particular recipient per year. Leave donation must be in one of
the following configurations: i) a total of eight hours of sick leave; ii) a total of
45
November 2015
March 2017
163
eight hours of vacation; iii)a total of sixteen hours,with eight hours being vacation
and eight hours being sick leave; or iv) a total of sixteen hours, with sixteen hours
being vacation time.
10. The donor employee must complete a leave donation form prescribed by the
Utilities in order to donate paid leave.
11. When used by the receiving employee, donated paid leave will be paid at the
receiving employee's current rate of pay.
12. The donation of paid leave time will permanently decrease the amount of accrued
unused paid leave in the donor's paid leave account(s) and thereafter will not be
counted or used by the donor or the Utilities for any purpose. For the avoidance of
doubt, this means, among other things, that donated paid leave time does not
qualify to be counted as unpaid sick leave for purposes of any severance pay
calculation.
13. The Utilities will treat the identity of donor employees under this policy as private
and confidential information.
14. This policy applies on a prorated basis to part-time employees eligible to accrue
and receive paid leave time.
GP:4202995 v3
46
November 2015
March 2017
164
RECEIPT AND ACKNOWLEDGMENT
(EMPLOYER COPY:
MUST BE SIGNED AND RETURNED TO MANAGEMENT)
By signing this receipt, I acknowledge that I have received a copy of the Elk River
Municipal Utilities Employee Handbook (the "Handbook"). This Handbook and the
policies contained or referenced in the Handbook supersede and replace
previously-issued handbooks, contrary oral or written statements of employment policy,
and contrary employment practices.
I understand that the Employee Handbook may be amended at any time, with or without
notice. I understand that I do not have a protected property interest in my employment
with the Utilities. I also understand that neither this Handbook nor any provision in it
creates a contract of employment for any particular duration between the Utilities and me.
I acknowledge that it is my responsibility to become and remain informed about the
employment policies and practices of the Utilities and to abide by the rules, regulations,
standards and policies of the Utilities, including those contained in this Handbook. I also
understand that any violation by me of the Utilities' rules, regulations,policies,practices,
or standards is just cause for discipline, up to and including termination of my
employment.
Date Print or Type Name
Employee Signature
GP:4433211 vv3
47
November 2015
March 2017
165
Document comparison by Workshare Compare on Tuesday, February 21 , 2017
5:48:51 PM
Input:
Docum
ent 1 Powerpocs://GPDOCS1/4433211/2
ID
Descri GPDOCS1-#4433211-v2-ERMU Handbook 2016
ption — —
Docum C:\Users\MathisMS\AppData\Roaming\OpenText\DM\Temp\GPDOCSI-#
ent 2 4433211-v3-ERMU Handbook 2016.docx
ID —Descri C:\Users\MathisMSWppData\Roaming\OpenText\DM\Temp\GPDOCS1-#
ption 4433211-v3-ERMU_Handbook_2016.docx
Rende
ring GPM Standard
set
Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
Mo-ved-leletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 77
Deletions 22
Moved from 0
166
Moved to 0
Style change 0
Format changed 0
Total changes 99
167