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4.4 SR 08-07-2023�, Elk s �- River Request for Action To Item Number Ma Tor and CinT Council 4.4 Agenda Section Meeting Date Prepared by Consent A enda Au ust 7, 2023 LauYen Wi eY, Human ResouYces Mana eY Item Description Reviewed by Personnel Polic�T Manual Updates Cal Pormer, Ci r Administrator Reviewed by Action Requested Approve, byT motion, the attached policyT updates as discussed at the June 20, 2023, Work Session. Background/Discussion At the June 20, 2023, Work Session, the CityT Council received information and discussed a variet�T of updates to the cityT's Personnel PolicyT Manual. For yTour consideration is a handful of those policies in their final form. There is more woYk to do on some of the otheY policies and those, along with the full Personnel Policy Manual, will be brought back to council at a later date. Financial Impact Financial impact of these changes will be accounted for in the budget process. Mission/Policy/Goal The Elk River Mission Attachments Overtime, Severance Pa�T, Vacation Leave, 40/40/40 Vacation PayTout Option, and Sick Leave PolicyT redline updates. The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Update�l• January 2023 Overtime All employees may be required to work overtime as requested by their supenrisor. Refusal to work overtime as requested may result in disciplinary action. Supervisors will mal�e reasonable efforts to balance the personal needs of their employees when assigning overtime work. All overtime must be authorized in advance by the employee's supervisor. An employee who works overtime without prior approval may be subject to disciplinary action. Non-exempt employees (eligible for overtime pay) are not authorized to take work home or work through lunch without prior approval from their supervisor. The citt- complies with applicable state and federal laws governing accrual and use of overtime. Only employees to whom the overtime provisions of the state and/or the federal FLSA apply are required to be compensated for overtime work. The cit�- administrator and human resources manager will determine whether each employee is "exempt" or "non-exempt" in accordance with federal law. Overtime eligible (non-exempt) employees will be compensated at the rate of one and one-half times their base hourly rate for hours worked over 40 in one workweek. However, non-exempt employees employed in fire protection or law enforcement activities may be paid overtime based on the 7(k) exemption as defined by the FLSA (29 U.S.C. � 207(k)). Vacation time. �compensatory leave hours taken, - "_ � " �_ - . holiday time off (pursuant to the Holidays policy below), bereavement, and sick leave generally will count toward "hours worked" for non-e�empt employees. Severance Pay An employee resigning employment may be eligible for ��. a�-out for a portion of unused sick leave if the follo��ing conditions are met: The employee must leave in good standing, not terminated by the city; and S/he must provide proper notice of resignation as stated above with city administrator discretion; and ■ S/he must execute a release of claims; and } _ _ - Pa�-ment shall be based on the consecutive vears of senice com�leted b�r the Em�lo�ee and his/her accrued sick leave balance. Pa rment shall be at the rate of a r when the resi nation is submitted. For Em�lo�-ees hired before August 8, 2023, and com�letin� ttvo (2� �-ears of consecuti�-e ser��ice, �ethe severance payment is calculated at fift�r percent (50%) of the accumulated sick leave balance up to a ma�imum paid of four hundred eighty (480) hours. , , Em�lo�-ees hired August 8, 2023, or later, and com�leting five (5� �rears of consecutive ser�rice, will receitTe a�a�rout as out]ined below: '�-9 consecutive vears of service 40% of u� to 960 hours 10 or more consecuti�Te �-ears �f ser��ice 5�% �f u� to 9�� hours �n em�lo� ee retiring with PERA benefits after com�letin� fifteen �15L�rears of consecuti`re service �vith the Citv of Elk River will receive �a�rout as out]ined below. Pa�out above 50% will be made in accordance with the Release of Claims Agreement or following confirmation of PERA Retirement, �vhichever is later. 15-19 consecutive �rears of service 60% of u� to 960 hours 20-24 consecutive ��ears of service 65% of u� to 960 hours 25-29 consecutive �rears of service 70% of u� to 960 hours 30-32 consecuti�re �-ears of senrice 75% of u� to 960 hours 33 or more consecuti�Te �-ears of ser�Tice 80% of u� to 960 hours Accumulated sick leave in excess of nine hundred sixt�� (960) hours is not eligible for a severance payment Sick leave shall continue to accumulate in excess of nine hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act. , - Vacation Leave Paid vacation leave is provided for regular, full-time employees and on a prorated basis for eligible part- time employees. To be eligible, part-time employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period. Most temporary, seasonal, and part-time employees are not eligible for vacation benefits. Vacation leave is accrued based on consecutive years of leave-eligible sernice. To determine an employee's vacation accrual rate, years of service will include all continuous time the employee has worked at the cin- in a position that is eligible for paid leave (including authorized unpaid leave). Employees who are rehired after terminating city employment will not receive credit for their prior service unless specifically negotiated at the time of hire. Leave-eligible employees hired before December 31, 2020, may carry more than 240 hours of vacation leave during a year but may not carry more than 240 hours forward to the next calendar year. Employees hired after January 1, 2021, shall accrue 120 working hours per year at the start of eligible employment through the completion of their ninth (9��) year. Effectit-e �u�ust �, 2023 t�hese employees may not carry more than �120 hours forward to the next calendar year but may carry more than �120 hours during a year. Employees with fewer than eight (8) years of service as of January 1, 2021, who elected to reduce d�eir annual carr�-otTer rate in return for the reduced annual accrual mae carn- more than their annual accrual amount of vacation leave durin,g a eear but, effecti�re �u�ust 8, 2023, ma� not carry more than their annual accrual amount fonvard to the next calendar �� , , „i„��:,,r �i,.,.,.�:,,r t.,.t,.��,,.. „ � Qn ... � t�„ . „a t,_. r�„�,,...t�„� 2� �n�� . , vz.T For the �ur�ose of this �olic� annual accrual amount is defined as the Accrual Rate hours listed below that reflect the Leneth of Ser�rice of the em�lovee at the end of the calendar �rear. Employees accrue vacation leave at the following rates with the exception of 2021 and later hires and eligible employees who have requested and acknowledged the new accrual and carry o�=er rate: Length of Service From start of eligible employment through completion of the 5�1 year Accrual Rate 88 working hours per year Beginning of the 6� year through completion of the 7�1 year Beginning of the 8� year through completion of the 9�1 year Beginning of the 10T�' year through completion of the 11�1 year Beginning of the 12�1 year through completion of the 13T11 year Beginning of the 14T�' year through completion of the 15T11 year Beginning of the 16T�1 year through completion of the 17�1 year Beginning of the 18TI1 year Beginning of the 19T�' year Beginning of the 20t1i year Beginning of the 215T year Beginning of the 2211� year through completion of the 24�1 year Beginning of the 25t11 year and thereafter 112 working hours per year 120 working hours per year 128 working hours per year 136 working hours per year 144 working hours per year 152 working hours per year 160 working hours per year 168 working hours per year 176 working hours per year 184 working hours per year 192 working hours per year 200 worl�ing hours per year Vacation lea�=e requires supervisor appro�=al. Employees may not use vacation leave during their Orientation Period unless authorized by the city administrator. Employees taking more than two (2) consecutive weeks of �i�t-acation, or a combination of vacation and compensatory time must obtain prior approval from the city administrator. The city will make every effort to grant vacation time as requested but reserves the right to deny or appro�=e vacation schedules. 40/40/40 Vacation Payout Option Em�lo��ees mav Yec�uest a one-time �eY vear �a��out of foYt�(40) houYs of accumulated �racarion after taking at least foYtt,�40) hours of vacation leave �rovided that after the reduction of the eightv (80) hours the em�lo�ree retains a iziinimum vacation balance of foYttr (40) hours. The irrevocable elecrion to take the 40/40/40 o�tion must be made bjT the end of the calendar �rear �rior to taking the vacation. The vacation �a�rout will occur following a valid written rec�uest b�� the em�lo�Jee indicatin� the above criteria have been met or the second �a�r da�r in November of each �rear, whichever comes first. Sick Leave Sick leave is not a privilege or vested right that an employee may use at his/her discretion. Eligible employees may use sick leave only for the following: ■ When an employee is unable to perform work duties due to illness or disability (including pregnanc�-). ■ For medical, dental, or other care provider appointments. ■ When an employee has been exposed to a contagious disease of such a nature that his/her presence at the workplace could endanger the health of others. ■ To care for the employee's injured or ill children, including stepchildren or foster children, for such reasonable periods as the employee's attendance with the child may be necessary. ■ To take children, or other family members to a medical, dental, or other care provider appointment. ■ To care for an ill family member for such reasonable periods as the employee's attendance may be necessary. ■ Safety Leave — for reasonable absences to provide or receive assistance because they, or a family member, is a victim of sexual assault, domestic abuse, or stalking. For the purpose of this section, family ��members are defined as the employee's stepchild, biological, adopted or foster child, adult children, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, and stepparent. Sick leave use for adult children, spouse, sibling, parent, mother-in-law, father-in-law, grandcluld, grandparent, and stepparent is limited to 160 hours (combined) in a 12-month period. The 12 months begins on the first day the employee uses leave for this purpose. ��A ste�child, biological, adopted or foster child not subject to the 160 hours limit must be under 18 years of age or under 20 years of age if still attending secondary school. Paid sick leave is pro�=ided for regular, full-time and on a prorated basis for eligible part-time employees. Regular, full-time employees accrue sick leave at a rate of eight (8) working hours for each calendar month. To be eligible, part-time employees must work a set schedule with a minimum of forty (40) hours per biweel�ly pay period. Most temporary, seasonal, and part-time employees are not eligible for sick leave. Leat-e balances «-ill be checked on the last �a�- da�- in October of each �-ear. • If Em�lovee is at or over 960 accrued sick hours, the�� will begin accruing leave at the rate of eight (8� days �er �rear on the first �a�v in November. • If Em�lo�ee is under 960 accrued sick hours, the� will remain accruing at the rate of twelve �12, da�Ts �er ��ear. �Xlhen balances are checked on the last �a�� dav in October the followin� �rear, em�lo��ees accruing at the eight (� da�s �er �ear rate shall have one-half (1 /2) of the �revious vear's accrued hours �aid into Emplo�ree's Post Em�lo�rment Health Care Savings Plan and the remaining half will remain in the em�lo�ree's sick leave bank. (ie: If �rou begin the �rear at the eight (�-dav accrual rate half of �rour �-ear's accrual will be �aid into vour PEHCSP at the end of the vear and the other half will remain in �-our bank.l If the balance is below 960 when checked the followin��ear, the emplo�ee returns to the twelve (12� da�rs �er vear accrual rate. Em�lovees are not eligible for PEHCSP �a`rment when accruing at the twelve �12) days �er vear rate and all unused accrued hours remain in their bank. If the balance is at or above 960 when checked, the em�lo�ree will move to or remain in the eight (81 da�er �-ear accrual �lan. There is no limit on the amount of accrued sick leave that can be accumulated and carried forward from one year to the next. Employees must notify their immediate supervisor at least thirty (30) minutes before the start of their regular start time if s/he intends to be absent from work. If an emergency prevents the employee from notifying the immediate supervisor, s/he must contact the immediate supervisor as soon as possible during the workday. Employees are required to keep their immediate supervisor informed of their anticipated return to work. After an absence, a physician's statement may be required on the employee's first day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Sick leave may be denied for any employee required to provide a doctor's statement until such a statement is provided. The city has the right to obtain a second medical opinion to determine the validity of an employee's workers' compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work. The city will arrange and pay for an appropriate medical evaluation when it is required by the city. An employee attempting to use sick time for reasons other than those explicitly permitted in this policy will be subject to disciplinary action up to and including termination. A doctor's note shall be required if an employee is absent more than four (4) days or if abuse of sick leave is suspected. In some circumstances, an employee may be requested to submit to a medical e�amination by a physician or medical facility licensed to practice medicine. In such a circumstance, the city may select the phy sician and facility that will conduct the examination. City of Elk River Foot Protection Policy All employees will wear footwear appropriate to their job duties. Each affected employee shall wear protecti�=e footwear when worl�ing in areas where there is a danger of foot injuries due to: ■ Falling and rolling objects, ■ Objects piercing the sole, ■ Exposure to electrical hazards, Employees required to wear protective footwear include: Streets/Parks employees, `�Jastewater Treatment Facility employees, Building Maintenance employees except custodians, Building Inspectors, Fire Inspectors, and any city employee required to wear protective footwear as determined by their supervisor. Protective Footwear Standard Must comply with �'�`��r �^ �' ��� AST�I F2413 Standard which provide both impact and compression protection. Allowance The city will provide up to $�200 per year for regular employees and up to ��; � per year for temporary employees toward the purchase of protective footwear. Funds more than those used for footwear may be used to purchase approved safety equipment as authorized by their department director. Some vendors may bill the city directly or original receipts must be submitted to the Finance Department for reimbursement. The cost of footwear e�ceeding approved allowance is the responsibility of the employee. Adopted: May 17,1999 Updated: February 9, 2004 December 2020 �lu�nist ?023