4.7 SR 12-18-2023�,
Elk s �-
River
Request for Action
To Item Number
Ma Tor and CinT Council 4.7
Agenda Section Meeting Date Prepared by
Consent A enda DecembeY 18, 2023 LauYen Wi eY, Human ResouYces Mana eY
Item Description Reviewed by
Personnel Polic�T Manual Update Cal Pormer, Ci r Administrator
Reviewed by
Action Requested
Accept, by motion, the updated City PeYsonnel Policy Manual.
Background/Discussion
The Council should revie�v updates to the Personnel PolicyT, `vhich outlines emplo�Tee expectations, benefits, and
standard procedures. The administrator and human resources manager have closely revie`ved the document and
have identified several updates.
Most updates are state or federal la`v changes. On this consent agenda, the council is approving the one benefit
change, `vhich is Earned Sick and Safe Time. Items highlighted in blue `vere approved byT the CityT Council on
August 7, 2023.
The Council accepts the final document as it is updated as best practices provisions and state/fedeYal law changes
occur frequently. By accepting the changes administration has fle�bilityT to respond promptly on items that have
no financial benefit.
Items that Yeflect improved benefits or finances are discussed with the Council and appYoved sepaYatelyr.
Financial Impact
N/A
Mission/Policy/Goal
The Elk River l��ission
Attachments
■ PeYsonnel Polic�r Manual (2023) - In TYack Changes
■ Personnel PolicyT Manual (2023) — Clean with highlights
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
c�ty of
Personnel
1
Policy Manual
(Revised August 2008)
(LJpdated August 2010)
(LJpdated June 2012)
(LJpdated September 2014)
�Updated �rFebruar�- 202A1)
Mini-update August_2023
lindated December 2023
13065 Orono Parkway
Elk River, MN 55330
763.635.1000
"r u e i n E 0 B T
/��'SU�'�
E1kRiverMN.gov
TABLE OF CONTENTS
Introduction................................................................................................................................................................. I �
Employment
EqualEmployment Opportunity ..................................................................................................................2�
Employment Status Definitions ...................................................................................................................2�
WorkRules ......................................................................................................................................................3�4
OrientationPeriod .........................................................................................................................................3�4
Minnesota Government Data Practices Act ............................................................................................3�4
EmployeeRecords Advisory ............................................................................................................................4
MediaRequests ................................................................................................................................................... 4
Personal Communications And Use Of Social Media ................................................................................5
Compensation.................................................................................................................................................5�b
WorkWeek .....................................................................................................................................................6b�
SeniorityPatrol Shift Bid ...............................................................................................................................66�
City Hall Summer Office Hours ..................................................................................................................6b�
Paydays.................................................................................................................................................................. 7
Timekeeping......................................................................................................................................................... 7
Overtime And Compensatory Time For Non-Exempt Employees ....................................................8�
CallBack Pay ........................................................................................................................................................9
On-Call Pay ..........................................................................................................................................................9
Time Off For Exempt Employees ........................................................................................................ I Oa-A-��
Report Of Employee Information Changes ....................................................................................... I I-I-�-��
Performance Appraisals .......................................................................................................................... I I ��
Attendance................................................................................................................................................ I 2��
Rest/Meal Break ............................................................................................................................................... I 2
EmploymentOf Relatives ...................................................................................................................... I 2��
SupplementalEmployment ....................................................................................................................13��
Separation From Employment
Resignation................................................................................................................................................ I 4�4
Termination........................................................................................................................................................ I 3
Retirement.......................................................................................................................................................... I 3
Layoffs.................................................................................................................................................................. I 3
SeverancePay ........................................................................................................................................... 14-�4�-�4
ExitInterviews ................................................................................................................................................... 14
Leave Benefits
VacationLeave .......................................................................................................................................... 16�6
SickLeave .................................................................................................................................................. I 8��
SickLeave Donation ................................................................................................................................22��
HolidayLeave ...........................................................................................................................................23��
FamilyAnd Medical Leave ......................................................................................................................24#�A
FMLA — Qualified Exigency And Military Caregiver Leave ............................................................28�4
ParentalLeave ....................................................................................................................................................26
Pregnancy And Parenting Leave ...........................................................................................................3 I��
AdoptiveParents ..............................................................................................................................................27
NursingMothers ...............................................................................................................................................27
PregnancyHealth Conditions ........................................................................................................................27
School Conference Leave Policy ..........................................................................................................32��
Bone Marrow Donation Leave .............................................................................................................32��
MilitaryLeave ............................................................................................................................................33��
Jury Duty Leave And Court Appearances ..................................................................................................28
VictimOr Witness Leave ......................................................................................................................34�A
BereavementLeave .................................................................................................................................34�A
GeneralLeave ...........................................................................................................................................34�A
Voting And Election Judge Leave ..................................................................................................................29
AdministrativeLeave ...............................................................................................................................35��
General Benefits
Insurance....................................................................................................................................................37��
Retirement/Pera ................................................................................................................................................ 3 I
Employee Development/Tuition Reimbursement ............................................................................37��
EmployeeWellness ..........................................................................................................................................32
General Policies
Smoking, Vaping, And Tobacco Policy ................................................................................................39�934
AppearanceAnd Dress ...................................................................................................................................33
Electronic Communication Devices ....................................................................................................39�9-34
TelephoneUse .........................................................................................................................................39�934
Ipad/Tablet Device ...................................................................................................................................39�934
EmailAnd Voicemail Use .......................................................................................................................404A-3.�
InternetAccess And Use .......................................................................................................................404A�.�
Bandwidth Conservation ........................................................................................................................404A��
PasswordPolicy .................................................................................................................................................34
TravelExpenses .......................................................................................................................................404A��
KeysAnd Security ...................................................................................................................................414i-�6
Personal Use And Disposal Of City Property ..................................................................................414a-36
UseOf City Vehicles ...............................................................................................................................414i-�6
ResidentComplaints ........................................................................................................................................35
EmergencyClosing ..................................................................................................................................424��
Employee Participation In The City Fire Department ....................................................................424��
Employee Participation In The Police Reserves ...............................................................................434��
PoliticalActivity ........................................................................................................................................434��
Candidacy..................................................................................................................................................434 3 ��
Labor Relations
Communication........................................................................................................................................4444��
Discipline....................................................................................................................................................4444��
GrievanceProcedure ..............................................................................................................................464b4F
Safety
Safety..................................................................................................................................................................41
Safety Equipment Reimbursement .......................................................................................................484�4�
IncidentReporting ...................................................................................................................................484�4�
Workers' Compensation .....................................................................................................................484�43
Conduct
Ethics Of Public Employment ................................................................................................................494944
AcceptingGifts ..................................................................................................................................................43
EmployeeEndorsements ........................................................................................................................494944
ConflictOf Interest .................................................................................................................................494944
WhistleblowerProtections ............................................................................................................................43
Sexual Harassment And Respectful Workplace ...............................................................................50�84�
Workplace Violance And Possession Of Dangerous Weapon ..............................................................48
DrugAnd Alcohol Policy .......................................................................................................................55�58
FitnessRoom Policy ...................................................................................................................................... Appendix A
FootProtection Policy ...................................................................................................................................Appendix B
Prescription Safety Eyewear Policy ............................................................................................................Appendix C
Introduction
This policy manual contains personnel policies and procedures for Cit�- of Ell� River employees.
The city strives to provide an efficient system of personnel administration and this policy manual serves
as a guide for administrative actions concerning cit�- personnel matters. It is not a contract between the
city and its employees. The manual attempts to cover general matters and does not cover every situation
that may arise.
Other than any applicable collective bargaining agreement, this policy manual replaces and supersedes all
prior manuals, memos, and any other written or oral statements of employment policies and procedures.
Manuals and policies that provide department specific information remain in effect.
Except as provided by statute or applicable collective bargaining agreement, employment of all city
employees is at-will. At-will means both the cit�- and its employees have the right to terminate
employment at any time, with or without cause or notice.
No representative of the city has the authorit�r to alter the at-will nature of an employee's employment
except the City Council by approval of a written contract of employment executed by the city. No
employee has a protectable property interest in his or her employment with the cit�r.
The policies in this manual shall apply to all employees unless specifically exempted by the City Council.
Consultants rendering professional services on a fee basis are not considered city employees.
The city may add to, modify, or revise portions of this manual as the city deems appropriate, with or
without prior notice.
This manual may be superseded to the extent that it is inconsistent with state or federal statute, a
collective bargaining agreement entered between the city and its employees, or a written contract of
employment signed by the city.
Page I �66
Employment
Equal Employment Opportunity
The City of E1k River is committed to providing equal opportunity in all areas of employment, including
but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinary
action, termination, compensation, and selection for training. The city will not discriminate against any
employee or job applicant on the basis of race (including traits associated with race, uicluding, but
not limited to, hair tezttzre and hair st�-les such as braids, locs and t«�ists), color, creed, religion,
national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age,
marital status, genetic information, status with regard to public assistance, veteran status, familial status,
or membership on a local human rights commission, or lawful participation in the Minnesota Medical
Cannabis Patient Registry.
The city prohibits discrimination against or harassment of any employee or job applicant on the basis of
protected class status. Employees who participate in discrimination in violation of this policy are subject
to discipline up to and including termination. Retaliation against any employee for making a complaint
under this policy or assisting with investigations of complaints made under this policy is also strictly
prohibited.
Any person who feels that s/he has been discriminated against should contact the city administrator or
Human Resources.
Employment Status Definitions
Full-Time - A regular work schedule consisting of 2,080 hours per year.
Part-Time - A regular work schedule of less than 2,080 hours per year, generally o�Ter the 12 months.
Orientation Period - First six months of initial employment, follo��ing a promotion, reassignment or
transfer.
Probationary Period — Period of time as defined in a union contract. For paid on-call firefighters, the
probationary period is the first twelve (12) months of initial employment.
Re ular - An employee who has completed his or her Orientation or Probationary Period and works a set
schedule.
Seasonal - A position assigned to work part of the year, typically not for more than one hundred ttventy
(120) days in any consecutive 12-month period.
Tem�orar� - A part- or full-time position scheduled to work with a defined start and termination date or
duration of a special project T`he position generally does not qualify for benefits.
Elected or A�ointed Official - A person elected as mayor or council_��member or a person
appointed by the mayor and council to serve on a cit�� commission or board.
Aoolicant - Any person applying for a paid or �rolunteer position.
Page 2�66
1'�`L•797:i11C�
In accepting employment with the Cit�� of Elk River, employees become representatives of the cinr and
are responsible for assisting and serving the residents for whom they work. Employees shall e�ibit
conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To
achieve this goal, employees must adhere to established policies, rules, and procedures and follow the
instructions of their supervisors.
All City of Elk River employees are expected to meet the following job requirements:
■ Always perform assigned duties satisfactorily and to the best of their abilities.
■ Always render prompt and courteous service to the public as appropriate.
■ Read, understand, and comply with the rules and regulations as set forth in these Personnel
Policies as well as those of their departments.
■ Conduct themselves with decorum toward both residents and staff and respond to inquiries and
information requests with patience and courtesy.
■ Report all unsafe conditions to the immediate supervisor.
■ Maintain good attendance.
Orientation Period
The Orientation Period is an integral part of the employment process in which the cit�- and the new
employee should consider whether the employment is mutually satisfactory.
The Orientation Period consists of the first six (6) months of employment. During the period, the city
will observe the employee's work to determine whether the employee demonstrates s/he is qualified for
the position to which s/he was appointed. Performance, skills, ability, and other factors observed and
demonstrated during the period are evaluated by the employee's supervisor. If the employee does not
meet established standards, and there is reason to believe, in the cit�-'s sole discretion, that a longer review
period is needed, the Orientation Period may be extended to a total of 12 months.
New employees are not allowed to take vacation lea�re during their Orientation Period unless approved
by the city administrator or approved before hire.
Upon completion of the Orientation Period, the employee will become a Regular employee and are
eligible to use vacation leave. This does not imply employment is permanent.
Employees promoted or appointed to new positions must successfully complete a six-month Orientation
Period. If found during the orientation to be unsuited for the position, the city, at its sole discretion, may
reinstate the employee to his/her former position and former rate of pay. Reinstatement is not
guaranteed.
Emplo�rees taking a leave of absence during the Orientation Period will have their Orientation Period
paused and begin where they left off when they return from leave.
Minnesota Government Data Practices Act
Pursuant to the Minne.rota Government Data Practice.r Act (DPA) data is categorized as private, non-public, or
confidential. All data is public unless classified otherwise. In many circumstances, data may not be
disclosed except with authorization of the subject of the data or pursuant to court order. In compliance
Page 3�66
with the DPA, employees are strictly prohibited from disclosing to a third part��, within or outside the
cit�-, any personnel data, data relating to pending civil legal actions, or any other data that might be
classified as private, non-public, or confidential, without the cit�� administrator's express authorization.
The City Council appoints the city administrator as the responsible authority to administer the
requirements for collection, storage, use, and dissemination of data. Refer to the city's Guidelines and
Procedures for the Minnesota Government Data Practices Act for additional information.
Employee Records Advisory
Employ-ee records are maintained in a location designated by the city administrator. Personnel data is
retained in personnel files, finance files, and benefit/medical files. Information is used to administer
employee salary and benefit programs, process payroll, complete state and federal reports, document
employee performance, etc.
Employees have the right to kno�� what data is retained, where it is kept, and how it is used. All employee
data will be received, retained, and disseminated according to the DPA.
Media Requests
All city employees have a responsibility to help communicate accurate and timely information to the
public in a professional manner. Requests for private data or information outside of the scope of an
individuaPs job duties should be routed to the appropriate department or to the data practices authority.
Any employee who identifies a mistal�e in reporting should bring the error to the city administrator or
appropriate staf£ Regardless of whether the communication is in the employee's official city role or in a
personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc.
Except for routine events and basic information readily available to the public, all requests for interviews
or information from the media are to be routed through the cit�� administrator. No city employee is
authorized to speak on behalf of the cit�r without prior authorization from the cit�r administrator or
his/her designee. Media requests include any thing intended to be published or viewable to others in some
form such as tele�=ision, radio, newspapers, newsletters, social media postings, and websites. When
responding to media requests, employees should follow these steps:
If the request is for routine or public information (such as a meeting time or agenda), provide the
information and notify the cit�� administrator of the request.
If the request is regarding information about cin� personnel, potential litigation, controversial
issues, an opinion on a city matter, or if an employee is unsure if the request is a"routine"
question, forward the request to the city administrator.
All news releases concerning city personnel will be the responsibility of the city administrator.
When the city administrator authorizes an employee to communicate on behalf of the city in interviews,
publications, news releases, on social media sites, and related communications, employees must:
Identify themselves as representing the city. Account names on social media sites must be clearly
connected to the city and approved by the city administrator.
Be respectful, professional, and truthful when providing information. Only factual information
(not opinions or editorial comments) shall be provided. Corrections must be issued when
needed.
Page 4�66
• Generally, not include personal opinions in official city statements. Employees who have been
approved to use social media sites on behalf of the city should seek assistance from the city
administrator on this topic.
• Notify the city administrator if they will be using their personal technology (cell phones, home
computer, cameras, etc.) for city business. Employees should be aware that data transmitted or
stored may be subject to the Minnesota Government Data Practices Act.
Personal Communications and Use of Social Media
It is important for employees to remember that their personal communications may reflect on the city,
especially if employees are commenting on city business or commenting on issues that implicate their city
employment. As city representatives, employees �i�share the responsibility of earning and preserving
the public's trust in the city. An employee's own personal communications, such as on social media, can
have a significant impact on the public's belief that all city staff will carry out city functions faithfully and
impartially and without regard to factors such as race, sex/gender, religion, national origin, disability,
sexual orientation, or other protected categories. Nonpersonal communications (performed within one's
job duties) to members of the public must always be professional. The following guidelines apply to
personal communications, including various forms such as social media (Facebook, Twitter, blogs,
YouTube, etc.), letters to the editor of newspapers, and personal endorsements:
■ Do not share private or confidential information you have access to as a result of your city
position.
■ Any personal communications made on a matter of public concern must not disrupt the
efficiency of the city's operation, including by negatively affecting morale. Public comments must
not undermine any city department's ability to effectively serve the public. Disruptive personal
communications can include liking or republishing (sharing/retweeting) a social media post of
another individual or entinr. The city can act on the personal communication that violates this
policy without waiting for the actual disruption.
■ Remember what you write, or post cannot easily be undone. It may also be spread to ��a
lar�et audience than you intended. Use common sense when using email or social media sites. It
is a good idea to refrain from sending or posting information or photos you would not want
your boss or other employees to read, or you would be embarrassed to see in the newspaper.
Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation concerning
a co-worker or between co-workers that would not be permissible in the workplace is not
permissible online, e�=en if it is done after hours, from home and on home computers.
■ The city expects its employees to be fair, courteous, and respectful to supervisors, co-workers,
citizens, customers, and other persons associated with the city. Avoid using statements,
photographs, �=it�ec�t-ideo or audio that reasonably may be viewed as malicious, obscene,
threatening or intimidating, disparaging, or might constitute harassment or bullying.
■ If you publish something related to city business and there is potential for confusion whether
you are speaking on behalf of the city, it would be best to identify yourself and use a disclaimer
such as, "These are my own opinions and do not represent those of the City of E1k River."
■ City resources, work time, or official city positions cannot be used for personal profit or business
interests, or to participate in personal political activity.
■ Personal social media account name or email names should not be tied to the city.
Compensation
Employees will be compensated according to the compensation plan approved by the City Council. The
Page 5�66
cit�- will develop and maintain a compensation plan for all positions in accordance with federal and state
laws. This plan may be reviewed and changed periodically at the sole discretion of the city.
Under the Minnesota Wage Disclosure Protection law, employees have the right to tell any person the
amount of their own wages. While the Data Practices Act (Minn. Stat. �13.43), specifically lists an
employee's actual gross salary and salary range as public personnel data, Minnesota law also requires wage
disclosure protection rights and remedies to be included in employer personnel handbooks. To that end
and in accordance with Minn. Stat �181.172, employers may not:
■ Require nondisclosure by an employee of his or her wages as a condition of employment.
■ Require an employee to sign a waiver or other document which purports to deny an employee
the right to disclose the employee's wages.
■ Take any adverse employment action against an employee for disclosing the employee's own
wages or discussing another employee's wages which have been disclosed voluntarily.
■ Retaliate against an employee for asserting rights or remedies under Minnesota Statute �181.172,
subd. 3.
The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies
under the Wage Disclosure Protection law are to bring a civil action against the city and/or file a
complaint with the 1��innesota Department of Labor and Industry at 651.284.5070 or 800.342.5354.
1'�`L•79!a'�`L�7
`�Jork schedules will be established by the appropriate department director with the approval of the cit��
administrator. The regular workweek for regular full-time employees is forty (40) hours per week. The
regular workweek for regular part-time employees is less than 40 hours per week. Unless otherwise
provided, the normal workday will begin at 8:00 a.m. and end at 4:30 p.m. The normal workweek will
consist of five consecutive workdays, Monday through Friday.
Em�lo�-ees shall account for e1c1� hour of their �vork «�eek b�- �vorl�ing or utilizin� lea�-e time. �See Lea�-e
Benefits below) Em�lo� ees shall not take time off without �a�T unless it falls within the leave benefits
nro��ided.
Flextime arrangements must be approved by the department director and city administrator. The
department director or city administrator may deny requests for flextime at their sole discretion. Flextime
arrangements shall not negatively affect service levels. Employees with flextime arrangements may be
asked to adjust their schedules periodically or to discontinue flextime to accommodate vacations, sick
leave, or other issues within the department.
Seniority Patrol Shift Bid
The Chief of Police or their designee shall post the seniority patrol shift bid for the follo��ing year on
the second Monday of October. Patrol officers and patrol sergeants shall have until October 31 st to
complete their shift bids.
City Hall Summer Office Hours
Summer Office Hours shall be the period between the Sunday preceding Memorial Day and the Saturday
preceding Labor Day.
City Hall Summer Office Hours shall be staffed as follows:
Page 6�66
7:30 a.m. to 5:00 p.m. Monday — Thursday
7:30 a.m. to Noon, Fridays
All Cit�- Hall customer service desks shall be staffed and all City Hall services will be available during the
period of Summer Office Hours.
Employee Schedule
Supervisors shall set a schedule with their employees for the Summer Office Hours period or review a
schedule with their employees at the beginning of each work week.
Employees working 7:30 a.m. to Noon on Friday shall work one 8.5-hour day another day of the same
week.
Summer Office Hours shall not create overtime for any non-exempt employees.
Flextime Arrangements
Employees approved to work a flextime arrangement shall determine their Summer Office Hours
flextime arrangement with their supervisor prior to the beginning of Summer Office Hours period.
Employee Leave
All City Hall employees taking leave on a Friday during the Summer Office Hours period shall tal�e four
(4) or four and one half (45) hours leave for that day depending on their Summer Office Hours schedule.
All City Hall employees taking leave on a Monday through Thursday shall take eight and one half (8.5) or
nine (9) hours of leave for each day depending on their Summer Office Hours schedule.
Bereavement leave is explained in the Bereave�nent Leave section of this manual.
Holidays
For holiday s that fall on Monday through Thursday, eight (8) hours of holiday shall be paid and one (1)
hour of vacation or compensatory time shall be used or one (1) additional hour of work may be
performed on another day of the same work week with department director approval.
For holiday s that fall on Friday, employees will tal�e four (4) or four and one half (4.5) hours of holiday
time and utilize their remaining four (4) or three and one half (3.5) hours of holiday time, with supervisor
approval, at another time during the same pay period.
Paydays
As provided by Minnesota law, all employees are required to participate in direct deposit. Employees will
be paid biweekly on alternate Friday s, adjusted according to bank holiday schedules.
Timekeeping
An accurate record of hours worked, and any leave time used by nonexempt employees is necessary to
comply with the provisions of the federal and state Fair Labor Standards Acts._Elk River utilizes different
t��pes of timekee�in� s�-stems.
Em�lo�-ees usul�a schedule-based electronic timekeeping system�� hat-e work schedules that
are set by supervisors before each work period. Any deviation to an employee's work schedule shall be
immediately updated in the timekeeping system. It is the employee's responsibility to ensure their time
Page 7�66
records are maintained accurately._Your finalized work schedule and a�orov�d exce�tions si�nifies
ph�-sical a�ro��al of �-our time record �er FLSA and state statutes.
�on-exem�t em�lo�-ees utilizin� a timesheet-based timekee�ing s�-stem shall record their hours ��orked
each day. Rec�uests for time off shall be made and a�roved �rior to the time off. If time off is
unscheduled, the rec�uest and a�roval shall be made as soon as �racticable but no later than the end of
the �a�eriod. Submission of timesheets acl�nowledges accurac�r of vour time record �er FLSA.
Em�lo`rees utilizing a l�iosk to �unch in and �unch out are res�onsible to �unch in at the beginnin� of
each shift and �unch out at the end, and to notifv their su�ervisor immediatelv of anv missed �unches or
other errors in their time record. Rec�uests for use of -Eearned Ssick and Ssafe T�ime (ESS"I� shall be
made through the HRIS s�stem.
Exem�t em�lovees are �aid a set salary each �a�eriod and do not record hours worked. Exem�t
em�lo�rees utilizing oaid leave time shall rec�uest leave time and receive a�roval throu�h the time kee�ing
s�-stem �rior to the lea�Te bein� taken. Submission of timesheet ackno«-ledges accurac�- of �aid time off.
Time off and o�=ertime requests shall be made by the employee through the timekeeping system and shall
be approved or denied by the supervisor through the timekeeping system. Requested leave (vacation or
compensatory time) must be submitted to supenrisors through the timekeeping system with as much
advance notice as possible. Leave requests are not final until approved by the supervisor in the
timekeeping system.
Employees are provided secure access to their time records and shall not share their password with co-
workers. �ll em�lo�-ees �e res�onsible to ensure their time records are accurate.
The hours reflected in the timekeeping system are the hours employees will be paid for each pay period.
It is the employee's responsibility to monitor their hours to ensure they accurately reflect the hours
worked. If the employee feels there is a discrepancy, it is their responsibility to bring it to the attention of
their supervisor. Supervisors are responsible to ensure employees are maintaining their time records
accurately.
�,, ..a� � �
- �, - -
.�T��._.a�
�=--------------
Reporting false information is a crime and shall result in disciplinary action up to and inclucling
immediate termination.
Overtime and Compensatory Time for Non-Exempt Employees
The City Council considers and approves projected overtime expenses in the annual budget process.
Department directors and division managers must manage overtime costs in accordance with their
budget and exceptions must be communicated in writing to the city administrator.
Overtime
All employees may be required to work overtime as requested by their supervisor. Refusal to work
overtime as requested may result in disciplinary action. Supervisors will make reasonable efforts to
Page 8�66
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 city complies with applicable state and federal laws governing accrual and use of overtime. Only
employees to whom the overtime provisions of the state and/or the federal FLSA apply are required to
be compensated for overtime work. The city administrator and human 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, holida�- time off (pursu�u�t to the Holidays policy below),
bereavement, and sick and ESST leaves generally will count toward "hours worked" for non-exempt
employees.
Compensatory Time
Overtime compensation will be paid for overtime hours, unless the employee and department director
mutually agree in advance of performance of the work that the overtime will be banked as compensatory
time in lieu of overtime compensation.
Employees may request and use compensatory time off in the same manner as other leave requests.
Compensatory time must be marked as such on timesheets, both when it is earned and used. Overtime
hours not specified as compensatory time will be paid with overtime compensation. Finance maintains
compensatory time records.
Employees may accumulate and "bank" up to 40 hours of compensatory time. As compensatory time off
is utilized, additional compensatory time may be banked, not to exceed 40 hours. Overtime earned after
40 hours of banked compensatory time will be paid at the o�=ertime rate. No more than forty (40) hours
of compensatory time may roll over from one calendar year to the next.
Upon termination of employment, employees will be paid for all accrued but unused compensatory time.
Call Back Pay
Employees called to work on an unscheduled or emergency basis shall receive a minimum of two (2)
hours o�=ertime pay for returning to their designated work location and performing duties associated with
the event requiring the call-back. Call B�acks resulting in work beyond two (2) hours will be paid
according to the actual time worked by the employee calculated to the nearest 15-minutes at regular or
overtime pay depending on the number of hours worked for the week.
Employees who can respond to a Ceall_-Bk�ack remotely without returning to their designated work area
using electronic means to address problems/concerns will be compensated with 15-minutes of pay at
regular or overtime pay depencling on the number of hours worked for the week. Extended or continual
problems/concerns resulting in e�cessive remote monitoring will be evaluated for compensation by the
supervisor and administration.
Page 9�66
Overtime pay for holidays is explained in the Holz�lay.r section of this manual.
On-Call Pay
Employees may be assigned by the city to respond on short notice to render service outside of their
regularly schedule work shift.
Wastewater operators in an on-call status, must carry the city-issued iPad (or compatible smart phone) to
perform diagnostic review of alarm conditions, report to and perform required duties on the wastewater
sy stem on Saturday, Sunday, and paid holidays that fall within their assigned week.
Establishment of an on-call schedule shall be at the discretion of the supervisor based on the needs of
the city. Scheduled on-call time shall be distributed as equally as practicable. On-call schedules shall be
posted in the workplace at least two (2) weeks prior to initiation of the on-call schedule.
The weekly on-call period begins and ends on Monday mornings at 8:00 a.m.
Expectations of employees on call:
■ Employees shall be available for response outside of scheduled work hours when in an on-call
status.
■ Wastewater employees in an on-call status shall report to work within thirt�r (30) minutes of
phone call attempt from their supen=isor, emergency dispatch, or from an alarm condition
reported through an electronic control monitoring program.
■ Non-wastewater employees in an on-call status shall report to work within forty-five (45)
minutes of phone call attempt from their supervisor, emergency dispatch, or from an alarm
condition reported through an electronic control monitoring program.
■ Employees shall be prohibited from chemical impairment when in an on-call status. Chemical
impairment is defined as a mental or physical state which would be illegal to operate a vehicle or
equipment consistent with the position description.
■ Employees may request vacation or compensatory time off when on-call with prior supervisor
approval and are responsible for finding another employee to assume their shift.
■ In the event of an unforeseen circumstance (family emergency, accident, etc.) which prevents an
on-call response, the employee shall notify his/her supervisor as soon as reasonably possible.
o An employee missing an on-call response shall be removed from on-call status until his
supervisor is properly notified by the employee of his/her availability to return to on-call
status.
Employees assigned to positions within a collective bargaining unit shall receive on-call pay in accordance
with the articles listed within their respective labor �_�:�n��teements. Non-exempt employees in
positions outside of a collective bargaining unit shall receive on-call pay in accordance with the
Compensation Plan for Non-Organized Employees. Employees failing to respond as detailed above
while in a paid on-call status will not receive on-call pay for that day and will be subject to discipline.
When an on-call employee, through notice as detailed above, returns to work and/or renders service on
behalf of the city, they shall be compensated in accordance with the Call-Back Pay policy as defined
above.
Time off for Exempt Employees
Positions classified as Exempt do not qualify for overtime compensation per the FLSA. Exempt
employees are expected to work the hours necessary to meet the performance expectations outlined byr
their supervisors, the city administrator, and the City Council. Generally, to meet these expectations, an
Page 10�66
exempt employee is often required and expected to work in excess of forty (40) hours per week.
Exempt employees are required to use paid leave when on personal business or away from the office for
a significant part of the workday. Based on supervisor's discretion, absences of a few hours do not
requise the use of paid leave as it is presumed that the employee works more than 40 hours per week.
Exempt employees shall communicate their absence to the city administrator or his/her designee.
Personal time off shall not be on a one-for-one basis with excess hours worked.
If an exempt employee is regularly absent from work under this policy and it is found there is excessive
time away from work that is not justified, the situation will be handled as a performance issue.
If it appears that less than forty (40) hours per week is needed to fulfill the position's responsibilities, the
position will be reviewed to determine whether a part-time position will meet the needs of the cit�-.
Additional notification and approval requirements may be adopted by the city administrator for specific
situations as determined necessary.
Report of Employee Information Changes
The city attempts to maintain complete and accurate employee information and complies with data
privacy laws. It is important that your permanent personnel records are kept accurate and up to date.
Immediately notify Human Resources when there is a change in any of the following:
■ Name (through marriage or otherwise)
■ Address
■ Marital status
■ Number of children
■ Beneficiaries for life insurance and retirement
■ Telephone number
■ Person to contact in case of emergency
■ Other changes which may affect benefits coverage
Many changes can and should be made by the employee directly in the Human Resources Information
System.
Performance Appraisals
Performance appraisals are an opportunity for employees, supervisors, and the cit�� to assess employee
job performance. The performance appraisal system is designed to:
■ Ensure that quality services are provided to the public at the least possible cost.
■ Motivate and develop employees to their fullest potential.
■ Clarify roles and mutual expectations of supervisors and employees.
■ Promote open and ongoing communication between employees at all le�rels, including feedback
from subordinates to supen=isors.
■ Assist in determination of whether employees are meeting the established performance standards
for their position.
Performance appraisals generally will be maintained in the employee's electronic personnel file.
Immediate supervisors will conduct performance appraisals annually and may conduct formal or informal
performance appraisals more frequently if necessary or prescribed by the city administrator or the
department director. The performance appraisal usually will be in writing and must be acl�nowledged by
Page II �66
the employee and supervisor. Acl�nowledgement of the performance appraisal document by the
employee recognizes that the review has been discussed with the supenrisor and does not necessarily
constitute agreement Failure to acl�nowledge the document by the employee will not delay processing.
Employees do not have the right to change or grieve their performance appraisal but may submit a
written response which will be included in the employee's profile.
Attendance
Every employee has an important role in maintaining a productive workplace. Therefore, it is essential
that all employees report to work every day as scheduled. Unsatisfactory attendance, including reporting
late to work and leaving work early may result in disciplinary action up to and including discharge.
If an employee must be absent from work for any reason, other than approved time off, s/he must notify
his/her immediate supervisor at least thirty (30) minutes prior to the start of his/her normal working
hours. If an emergency prevents the employee from notifying his/her supervisor at such time, the
employee must call his/her immediate supervisor as soon as possible during the workday.
Rest/Meal Break
Non-exempt, full-time employees shall receive a paid rest break not to exceed fifteen (15) minutes away
from job duties on one occasion during each four (4) hour work shift. Part-time employees shall receive a
paid rest break not to exceed fifteen (15) minutes during a work period of four hours.
Rest breaks cannot exceed fifteen (15) minutes, including the time required to get to and from a rest
break area.
All employees scheduled to work eight (8) or more hours per shift are required to take a half-hour,
unpaid meal break.
Employees of Northbound and Westbound Liquor are required to stay "on dun-" in the building and be
reachable by other employees should their assistance be required during their break. In consideration of
this, Northbound and Westbound Liquor employees are paid during their break time.
Employees may not purposely miss rest breaks in order to accumulate time to leave early at the end of
the day; all rest breaks and meal breaks must be taken.
Employment of Relatives
All employees are hired as the most qualified candidate based on qualifications, skills, and ability.
Employment is not restricted to more than one member of a family (including spouse, children, parents,
siblings, in-laws, or other immediate relative). No family member will be hired where:
■ One family member would have the authority or practical power to supervise, appoint, remove,
or discipline the other.
■ One family member would be responsible for auditing the work of the other.
■ Circumstances e�st which would place the family member in a situation of actual or reasonably
foreseeable conflict between the city's interests and their own.
■ The family member has a relative employed by an organization with whom the city has business
dealings and in the city's judgment the position and job responsibilities of both the employee and
family member would create an appearance of improper influence or favor or would jeopardize
the confidentiality of data maintained by the city.
Page 12�66
Supplemental Employment
Elk River does not restrict employees from engaging in outside employment. However, regular, full-time
employees are expected to consider city work their primary employment. Employees may not engage in
outside employment that interferes with the performance of one's city duties, that represents a conflict of
interest, or that may influence or bias an employee's job-related decision-making abilit�r.
The cit�r will not adjust work hours to facilitate the scheduling of outside employment If a supervisor
believes an employee's outside employment is detrimental to the cit�- and his/her position, the employee
may be asked to discontinue the outside employment If an employee is asked to discontinue outside
employment and fails to do so, s/he may be subject to discipline up to and including termination.
Page 13�66
Separation from Employment
Resignation
The purpose of proper notice is to ensure an orderly transition of responsibilities and open work items.
Holiday s or the use of vacation, sick, or compensatory time may only be approved by the city administer
to be considered proper notice. Em�lo�-ees are not eli�ible for �a�- increases after resignation h�ls been
git-en.
With proper notice, the employee will be compensated for any accrued, unused vacation time. If eligible,
s/he may also be compensated for a portion of banked sick leave as stated in the Severance Pay Section of
this policy manual.
Proper notice must be submitted in writing to the employee's supervisor. Employees working a typical
Monday through Friday schedule must provide notice at least ten (10) working days prior to the
separation date. Department directors must provide a twent�- (20) working day notice. Employees
working a shift schedule that may include weekends and e�=enings shall provide a fourteen (14) calendar
day notice.
Non-exempt employees will be compensated for any accrued but unused compensatory time as of the
date of separation.
An unauthorized absence from work for a period of three (3) or more working days may be considered a
resignation without proper notice.
Failure to comply with this notice procedure may be considered reason for denying an employee future
employment with the city.
Termination
Employees terminated from employment have no right or expectation of payment of accrued vacation,
sick, and/or holiday leave time.
Retirement
Employees who retire from employment must follow the Resignation policy above and may be eligible
for retirement programs as provided by state or federal law.
Layoffs
The City Council has the authorit�- to lay off any employee when such action becomes necessary as
determined in the city's sole discretion. The city will attempt to provide a ten (10) worl�ing day notice
prior to a layoff.
Severance Pay
An employee resigning employment may be eligible for a cash payment for a portion of unused sick
leave. For the �ur�ose of this section, sicl� lea�Te is the combination �f an em�lo�-ee's sick lea�-e bank
and Earned Sick and Safe Time �ESS"I'� bank. Accrual for the vear of �a�ment shall be based on 3.6924
or 2.4616 hours �er �a�r �eriod, whichever is a�licable to em�lo�ree. To receive a severance �a�rout,�€
the following conditions �shall be met:
Page 14�66
■ The em�lo�-ee must earn sick lea�Te �er the Sick Leat-e �olic�- belo�v: �u�d
■ 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.
Payment shall be based on the consecutive years of leave-eligible service completed by the employee
and his/her accrued sick leave balance. Pa��ment shall be at the rate of pa�� when the resignation is
submitted.
For Emplo�-ees hired before August 8, 2023, and completing two (2) years of consecutive service, the
severance payment is calculated at fift�� percent (50%) of the accumulated sick leave balance up to a
ma�mum paid of four hundred eighty (480) hours.
Employees hired August 8, 2023, or later, and completing five (5) years of consecutive service, will
receive a payout as outlined below:
5-9 consecuti�re years of service 40% of up to 960 hours
10 or more consecutive �-ears of service 50% of up to 960 hours
An employee retiring with PERA benefits after completing fifteen (15) years of consecutive service
with the Cit�� of Elk River will receive payout as out]ined below. Payout above 50% will be made in
accordance with the Release of Claims Agreement or following confirmation of PERA Retirement,
whichever is later.
15-19 consecutive years of service 60% of up to 960 hours
20-24 consecutive years of senrice 65% of up to 960 hours
25-29 consecutive �rears of service 70% of up to 960 hours
30-32 consecuti�re ��ears of ser�rice 75% of up to 960 hours
33 or more consecutive 5-ears of ser�rice 80% of up to 960 hours
Accumulated �lea�re 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.
Due to unforeseen circumstances and in his/her sole discretion, the city administrator may grant
exceptions to nrovide �artial �aeout �rior to fit-e �1 �-ears of ser�Tice. .-
. a:
��
Exit Interviews
Human Resources shall conduct a brief interview with each employee separating from city employment.
The interview seeks to identify employee morale trends triggered by policy concerns,
management/communication gaps, workload levels, and the general workplace environment.
Page 15�66
Leave Benefits
The city provides leaves of absence according to the following policies. A Kegue.rtforL.cave ofAb.rence form
must be completed for foreseeable leaves other than vacation. Forms are available on Access Elk River or
from Human Resources. When possible, advance notice of a leave should be provided to the employee's
department director so work schedules can be adjusted accordingly.
Depending upon an employee's situation, more than one form of leave may apply during the same
period (e.g., the Family and Medical Leave Act is likely to apply during a workers' compensation
absence). An employee will need to meet the requirements of each form of leave separately. Leave
requests will be evaluated on a case-by-case basis.
Employees �r�shall record worked hours or use only one type of paid leave for each scheduled work
hour. Time off without �a�� is not allo�ced outside of the leati e�olicies belo�v.
Except as otherwise stated, all paid time off taken under any of the cit��'s lea�=e programs must be taken
consecutively, with no intervening unpaid leave. The city will provide employees with time away from
work as required by state or federal statutes if there are requirements for such time off that are not
described in the personnel policies.
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 �=acation benefits.
Vacation leave is accrued based on consecutive years of leave-eligible service. To determine an
employee's vacation accrual rate, years of service will include all continuous time the employee has
worked at the city 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.
EmploSrees hired after Januar5r 1, 2021, shall accrue 120 working hours per year at the start of eligible
emplo�rment through the completion of their ninth (9Ti�) �rear. Effective August 8, 2023, these employees
may not carry more than 120 hours forward to the next calendar year but may carry more than 120 hours
during a ��ear.
Employrees with fewer than eight (8) years of service as of January 1, 2021, who elected to reduce theas
annual carryover rate in return for the reduced annual accrual may carry more than their annual accrual
amount of vacation leave during a year but, effecti�=e August 8, 2023, may not carry more than their
annual accrual amount forward to the next calendar year. For the purpose of this policy, annual accrual
amount is defined as the Accrual Rate hours listed belo�v that reflect the Length of Service of the
employee at the end of the calendar year.
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 over rate:
Page 16�66
Length of Service
From start of eligible employment through
completion of the 5�1 year
Beginning of the 6T�' year through completion
of the 7Th year
Beginning of the 8t11 year through completion
of the 9�1 year
Beginning of the 10T�' year through
completion of the 11t11 year
Beginning of the 12t11 year through
completion of the 13�1 year
Beginning of the 14T�' year through
completion of the 15�1 year
Beginning of the 16T�' year through
completion of the 17T11 year
Beginning of the 18t1i 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 24t11 year
Beginning of the 25t11 year and thereafter
Accrual Rate
88 working hours per year
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 leave requires supervisor approval. 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 vacation or a combination of �=acation and compensatory time must obtain prior
approval from the cit�r administrator. The city will make every effort to grant vacation time as requested
but reser�res the right to denjr or approve vacation schedules.
40/40/40 Vacation Payout Option
Employees may request a one-time per year payout of fort5� (40) hours of accumulated vacation after
tal�ing at least fort�� (40) hours of vacation leave provided that after the reduction of the eight�- (80)
hours the emplo5�ee retains a minimum vacation balance of fort�� (40) hours. The irrevocable election
to take the 40/40/40 option must be made b�� the end of the calendar ��ear prior to tal�ing the vacation.
The vacation pay�out will occur following a valid written request by� the employee indicating the above
criteria have been met or the second pay day in November of each year, whiche�rer comes first.
Page 17�66
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
pregnancy).
■ For medical, dental, or other care provider appointments.
■ ��hen 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.
} - _ - __ _ -
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� '.. _ � _� ... . � _ . _ . .� _ ,. �.
For the purpose of this section, family member is defined as the employee's stepchild, biological, adopted
or foster child, ,a.,'� ,_,,:,av,,., spouse, ��parent, � ��,,.� : ,,._�_ �,.�,�,.� : ,,._�_ ,.�.,..a,.t,:,,a
g��rer�and stepparent.
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� , .
, � > >
Paid sick lea�=e is provided for regular, full-time and on a prorated basis for eligible part-time employees.
Regular, full-time employees accrue sick leave at a rate of eight (8) working hours for each calendar
month reduced b�- Earned Sick and Safe Time (ESS1� b�u1k as defined belo�v. 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 sick leave.
Tor�ll leatre b�u�l�ed �s sicl� leave and ESST T���-�'��'����: will be checked on the last pay dayin
October of each year.
• If Employ ee is at or over 960 accrued �'.� hours, they will begin accruing leave at the rate of
eight (8) days per ��ear on the first pa�- day in No�rember.
• If Employee is under 960 accrued �.�e-'_, hours, they will remain accruing at the rate of twelve
(12) daj�s per y�ear.
When balances are checked on the last pay day in October the following year, employees accruing at
the eight (8) dayrs per year rate shall have one-half (1 /2) of the previous j�ear's accrued hours paid into
Emplo��ee's Post Emplo��ment Health Care Savings Plan and the remaining half will remain in the
employee's sick leave bank. (;��__� ,: If you begin the j�ear at the eight (8)-daj� accrual rate half of jrour
year's accrual will be paid into your PEHCSP at the end of the year and the other half will remain in
your bank.)
If the balance is below 960 when checked the following year, the employee returns to the twelve (12)
days per year accrual rate. Emplo�-ees are not eligible for PEHCSP payment when accruing at the
Page 18�66
twelve (12) da��s per year rate and all unused accrued hours remain in their bank.
If the balance is at or above 960 when checked, the employee will move to or remain in the eight (8)
da�� per year accrual plan.
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 theis 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. Em�loeee is res�onsible to ensure sick time usage is recorded in the
timel�ee�in� s�-stem as soon as �racticable but no later than the end of the �a�r �eriod in which the time
�cas taken.
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 pro�ride a doctor's statement until
such a statement is provided.
The cinr has the right to obtain a second medical opinion to determine the validin- 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 thar €arr�three (43) days or if abuse of
sick leave is suspected. In some ciscumstances, an employee may be requested to submit to a medical
examination by a physician or medical facilit�r licensed to practice medicine. In such a circumstance, the
city may select the physician and facilit�r that will conduct the examination.
Earned Sicic and Safe Time
Beginning�anuary 1, 2024, Minnesota law rec�uires the im�lementation of Earned Sick and Safe Time
(ESS"I"�. ESST is �aid leave that can be used for certain reasons, including when an em�lovee is sick, to
care for a sick familv member, when work or a child's school is closed, or to seek assistance if an
em�lo�ree or their familv member has ex�erienced domestic abuse, sexual assault, or stall�in�. This
specific leave a�lies to all em�lovees (including tem�orary and �art-time em�lo,���erforming work
for at least 80 hours in a�ear for the citv.
ESST is earned at the rate of one hour for every 30 hours worked, uo to a ma�mum of 48 hours
earned �er calendar vear. The hourl�r rate of ESST is the same hourlv rate an em�lo�ree earns from
em�lo�-ment �vid� the citt-.
Page 19�66
Em�lo�rees eligible for Sick Leave as defined in the section above will have a�ortion of that sick leave
designated as ESST. Em�lo�rees not eligible for Sick Leave as defined in the section above who work
for the cinr at least 80 hours in a calendar �rear will accrue ESST at the rate of 1 hour for ever�r 30 hours
�vorked. ESST ma� begin accruing at the beginning of the calendar �ear although emplo�rees ma�r not
use ESST until the� have worked 80 hours in that �rear. Unused ESST is not �aid out at the end of
em�lo�-ment exce�t as �rovided under Severance Pa� above.
After the emplo�ree has worked 80 hours in the calendar vear, ESST ma� be used as it is accrued in the
smallest increment of time tracked b�r the ci ,r's �a�rroll s�rstem. An em�lo�ree mav use accrued ESST
for the following reasons:
■ an em�lo r�
o mental or �h�sical illness, injurv, or other health condition;
o need for medical diagnosis, care, or treatment of a mental or �hvsical illness, injur� or
health condition; or
o need for �reventive medical or health care:
■ care of a familv member:
o with a mental or �h�rsical illness, injur� or other health condition;
o«�ho needs medical diagnosis, care, or treatment of a mental or �h�rsical illness, injur�
or other health condition� or
o�vho needs �reventive medical or health care;
■ absence due to domestic abuse, sexual assault, or stalking of the em�lovee or em�lo�ree's
famil�T member,�rovided the absence is to:
o seek medical attention related to �h�sical or �svchological injur�r or disabilit� caused
be domestic abuse, sexual assault, or stall�ing;
0 obtain services from a victim services organization;
0 obtain �svcholo�ical or other counseling;
o seek relocation or tal�e ste�s to secure an eYisting home due to domestic abuse, sexual
assault, or stall�ing; or
o seek legal advice or take legal action, incluclin�re�aring for or partici�ating in an�
ci�ril or criminal legal �roceeding related to or resulting from domestic abuse, sexual
assault, or stall�irig:
■ closure of the em�lo�ee's �lace of business due to weather or other �ublic emergencv or an
em�lovee's need to care for a famil�r member whose school or �lace of care has been closed
due to weather or other �ublic emergencv;
■ the em�lo�ee's inabilinr to work or telework because the emplo�ree is:
o �rohibited from workin� b`- the em�lo��er due to health concerns related to the
notential transmission of a communicable illness related to a�ublic emer,genc� or
o seeking or awaitin� the results of a diagnostic test for, or a medical dia�nosis of, a
communicable disease related to a�ublic emergencv and such em�lovee has been
ez�osed to a communicable disease or the em�lo�ee's em�lover has rec�uested a test
or diagnosis; and
■ �vhen it has been determined b�r the health authorities having jurisdiction or bv a health care
nrofessional that the �resence of the em�lo�-ee or familv member of the em�lovee in the
communit� would jeo�ardize the health of others because of the ex�osure of the em�lo�ee or
familv member of the em�lo�ree to a communicable disease, whether or not the em�lo�ree or
famil� member has actuall�r contracted the communicable disease.
For the �ur�oses of this subdivision, a�ublic emergenc`r shall include a declared emergenc�- as
defined in l� �N Statute Section 12.03 or a declared local emergenc� under MN Statute
Section 12.29.
ESST ma�r be used for the following familv members:
■ an em�lo�ree's:
Page 20�66
o child, foster child, adult child, legal ward, child for whom the em�lo�ree is legal
guardian, or child to whom the em�lo�ee stands or stood in loco �arentis;
o s�ouse or registered domestic �artner;
o sibling, ste�sibling, or foster siblin�;
o biolo�ical, adoptive, or foster �arent, ste�arent, or a�erson who stood in loco
oarentis when the em�lo�ee was a minor child;
o grandchild, foster grandchild, or ste�grandchild;
o grand�arent or steggrand�arent;
o a child of a sibling of the em�lo�-ee (niece or ne�hew�;
o a sibling of the �arents of the em�lo�ree �aunt or uncle� or
o a child-in-law or siblin -in-law;
■ a s�ouse or registered domestic �artner's famil� members as listed above;
■ an�r other individual related b�r blood or whose close association with the em�lovee is the
eauivalent of a familv relationshi�; and
■ up to one individual annuall� designated bv the em�lovee.
Rec�uired Notices
If the need for the use of ESST is foreseeable, the em�lo�ree must �rovide notice at least seven (� da�s in
adv�u�ce of the use of the leave. Notice shall be �rovided b�� mal�ing the rec�uest through the em�lo`�ee's
time management or HRIS s,rs�
If the need is unforeseeable, the em�lo�ree must �rovide notice as soon as �racticable. If �ossible,
em�lo�rees must notifv their immediate su�ervisor at least thisttr �30) minutes before the start of their
regular start time if s/he intends to be absent from work. If an emergenc�� �revents the em�lo��ee from
notif�rin,g the immediate su�ervisor, s/he must contact the immediate su�ervisor as soon as �ossible
during the workda�r. Em�lo`rees are rec�uired to kee� their immediate su�ervisor informed of their
antici�ated return to work. Em�lo�rees shall follow notice rec�uirements for the use of sick time set forth
in union contract if different from the rec�uirements abo�re. Em�lo`ree is res�onsible to ensure sick time
usa�e is recorded in the timekee�ing s�rstem as soon as �racticable but no later than the end of the �a�r
neriod in ��hich the time was taken.
Time off rec�uests must include who the time is being used for, their relation to the em�lo�ree, and the
reason for the use.
���en an em�lovee uses ESST for more than three consecutive da,-�s the em�lo�ree shall �rovide
apn�o�riate su�orting documentation (such as medical documentation su�orting medical leave,
court records or related documentation to su�ort safet�-leave). However, if the em�lo�-ee or
em�lo�ree's f�unilv member did not receive services from a health care �rofessional, or if
documentation cannot be obtained from a health care �rofessional in a reasonable time or without
added ex�ense, then reasonable documentation mav include a written statement from the em�lovee
indicating that the em�lo�ree is using, or used, ESST for a c�ualif,�ing �ur�ose. The cit�r will not rec�uire
an em�lovee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the
em�lo�ree's or the em�lo�-ee's famil`r member's medical condition.
In accordance with state law, the cit�� will not reauire an em�lo�-ee using ESST to find a re�lacement
«-orker to cover the hours the em�lo��ee will be absent.
Carr� Over of ESST
Em�lo�-ees will carr;r over accrued but unused ESST into the following calendar �ear. Accrued but
unused ESST shall never exceed 80 hours.
Retaliation Prohibited
Page 21 �66
The cin� shall not dischar e. disci�line,�enalize, interfere with, or othenvise retaliate or discriminate
�Tg�unst an em�lovee for asserting ESST rights, reaTesting an ESST leave absence, or �ursuing
remedies. Further, use of ESST ��ill not be factored into an�- attendance point system the ci ,- ma�� use.
��dditionall� it is unlawful to re�ort or threaten to re�ort a�erson or a familv member's immigration
status for exercising a right under ESST.
Benefits and Return to Work
During an em�lo�-ee's use of ESST, an em�lo�ree will continue to receive the cit��'s em�lo�rer insurance
contribution as if thev were working, and the em�lo�-ee will be res�onsible for anv share of their
insurance �remiums.
An em�lo�ee returning from time off using accrued ESST is entifled to return to work at the same rate
of �av received when their leave began,�lus anv automatic �a�justments that mav have occurred
during the em�lo�ee's time of£ Seniori r during ESST absences will continue to accrue as if the
em�lo�ree has been continuall�- em�lo,r� ed.
��'hen there is a se�aration from em�lo�-ment ��ith the ci�- and the em�lo`ree is rehired again within
180 days of se�aration,�reviousl�- accrued ESST that had not been used or �aid out will be reinstated.
An em�lo�-ee is entitled to use and accrue ESST at the commencement of reem�lo��ment.
Sick Leave Donation
With the written consent of the cit�r administrator, employees «�h� e��sn Sick Lea�Te may donate ee�r�
�,,�v,,, ,.c �:,_�_ „�,, t_.,,.,,�:,.� leave to fellow employees experiencing a major illness such as, but not limited
to, heart attack, stroke, organ transplant, or other illness all of which must be supported by a physician's
diagnosis, a catastrophic accident with serious injuries supported by a physician's diagnosis, or to care for
a spouse or dependent under the same circumstances.
An employee is eligible to receive donated leave:
1. If the employee currently earns sick leave.
2. After all their own sick, vacation, compensatory, or other leaves are e�austed.
3. Only for normal work hours lost due to the illness for which the leave is donated.
4. Only for time not covered by disabilit�- insurance or `�Jorkers' Compensation.
5. Up to a ma�mum of 240 hours.
6. If the physician's diagnosis indicates the employee will be able to return to work after
rehabilitation or recovery.
If the em�lo�-ee is eli�ible for F�LL�, d�onated leave is used concurrently with FMLA leave and must be
used within twelve (12) weeks of the date of the illness or be forfeited. If the condition of the recipient
improves and s/he is able to return to work either in a light duty capacity, if work is a�=ailable, or to
his/her normal work schedule, any donated leave time shall be forfeited and remain in the bank of the
donor.
An employee may donate up to sixteen (16) hours per recipient per year made in increments of not less
than eight (8) hours. Employees with a combined sick leave and ESST balance of more than 960 hours
shall donate equal shares of sick or ESST and vacation. Employees with a combuled sick leave and ESST
balance of less than 960 hours may donate only sick or ESST leave. The employee must complete a Leave
Donation Form to donate leave. All donations are anonymous.
Page 22�66
Donated leave will be paid at the recipient's current rate of pay. A]1 donated houts become sick lea�Te to
the reci�ient. Donated hours do not qualify to be included as part of sick leave for the severance pay
calculation.
This policy applies on a prorated basis for part-time employees eligible for sick leave.
In the event of a mandatory or recommended quarantine because of a public health event, the city
administrator may use his/her discretion to allow leave donation -�-',�., �,,� ,��T_� :: .,�� ��~�-�~~�.,� ---:~,,
�.
Holiday Leave
Regular, full-time employees are eligible to receive pay for the following holidays:
■ New Year's Dav
■ Martin Luther King, Jr. Day
■ Presidents Day
! Memorial Day
■ uneteenth
■ Independence Day
■ Labor Day
■ Veterans Day
■ Thanksgiving Day
■ Friday after Thanksgiving
■ Christmas Eve
■ Christmas Day
Part-time employees will receive paid holidays on the same basis as regular, full-time employees, except
that holiday pay will be pro-rated according to the number of hours worked. To be eligible, part-time
employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period.
Most temporary and seasonal employees are not eligible for holiday pay.
Employees working a 1�londay through Friday workweek, holidays occurring on Saturday are observed
the prececling Friday and holidays occurring on Sunday are observed on the following 1�londay.
When a holiday falls during an employee's vacation or sick leave, the employee will not be charged with
vacation or sick leave for the holiday hours; the hours will be considered holiday leave.
Although the city prefers that employees enjoy the observed holidays, emergencies may arise. If a non-
exempt employee is required by his/her supervisor to work on an actual holiday, the hours worked (in
addition to holiday pay) shall be paid as follows:
1. Regular non-ezem�t full-time and regular non-ezem�t part-time employees (ezcludin� em�loaees
to �vhich #2 belo�v a�liesl -scheduled for or called in to work on the actual holidays listed above
shall receive one and one-half the employee's regular rate of pay in addition to the holiday pay.
2. Holida�- benefit-earnin� liauor store and FT Center em�lo�-ees (e�cludin� senior actit�in� center
em�lo,-� ees) will be given a bank of holida�-s �8 hours for each recognized holida� to use
throughout the �-ear. Holidays not used will be �aid to the em�lo�-ee in December of each ,-� ear.
Lm�lo�-ees will not receive one and one-half the em�lo�ree's reg�ular rate of �a�- if worl�ing on a
holid��-.
Page 23�66
�3. Employees performing emergency or mission critical snow removal shall be paid double time for
hours worked on a holiday. For the purpose of this section, the additional pay applies on the
actual holiday if different from the day observed by the citt-.
�4. Firefighters shall be paid double time for emergency response and scheduled Fire ��Jatch hours
worked on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving,
Christmas Et-e and Christmas Day, - _ . � .
45. If scheduled to �vork on the actual holida� listed above��non-holida�r benefit eligible gart-time,
seasonal, or temporary employees shall be ��ud at
1.5 times their re��lar rate of �a�-. ,.
.
.
.
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Family and Medical Leave (FMLA)
The city shall determine whether leave is FMLA-qualified. An employee cannot choose to opt out of
FMLA leave given a qualifying event.
Employees meeting the following conditions qualify for FML,A leave:
Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is to
commence. The 12 months or 52 weeks need not have been consecutive; however, the city will
not consider any service 7 years prior to the employee's most recent hire date.
Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is
requested to commence. The principles established under the Fair Labor Standards Act (FLSA)
determine the number of hours worked by an emplo�ree. The FLSA does not include time spent
on paid or unpaid leave as hours worked. Consequentl�r, these hours of leave should not be
counted in determining the 1,250 hours eligibility test for an employee under the Family and
Medical Leave Act (FMLA).
Leave will be granted to all eligible employees for any of the following reasons:
The birth of a child, including prenatal care, or placement of a child with the employee for
adoption or foster care.
To care for a spouse, child, or parent who has a serious health condition.
Due to a serious health condition that makes the employee unable to perform the essential
functions of the position.
Page 24�66
■ A covered military member's active duty call to duty, or to care for a covered military member
(Military Caregiver and Qualified E�gency Leave, described belo��).
Definitions
Ca�ing — Psychological as well as physical care. It also includes acquiring care and sharing care duties for
a covered family member.
Eligible child — A person under 18 years of age or a person incapable of self-care because of a physical
or mental disability who is a biological, adopted, foster, or stepchild, a ward of the employee, or a person
with whom the employee is charged with a parent"s rights, duties, and responsibilities.
Soouse — Does not include domestic partners or common-law spouses.
Eligible �arent — A biological parent or a person who was charged with parental rights, duties, and
responsibilities over the employee when the employee was under the age of 18; does not include in-laws.
Serious Health Condition — As defined under the FML.A means an illness, injury, impairment, or
physical or mental condition that involves one of the following:
■ Period of incapacit�r or treatment connected with inpatient care (i.e., an overnight stay) in a
hospital, hospice, or residential medical care facilit�-.
■ Period of incapacity due to pregnancy, prenatal medical care, or childbirth.
■ Period of incapacity of more than three consecutive calendar days that also involves continuing
treatment by or under the supenrision of a health care provider (Absence plus treatment).
■ Incapacity from a chronic condition which requires periodic visits for treatment by a health care
provider continues over an extended period and may cause episodic rather than a continuing
period of incapacity.
■ Permanent/long-term conditions requiring supervision.
■ Period of absence to receive multiple treatments (including any recovery period therefrom) by a
health care or service provider under orders of, or on referral by, a health care pro�rider.
Length and Amount of Leave
The length of FMLA leave shall not exceed twelve (12) weeks in any twelve (12) month period. The leave
year is calculated on a rolling year basis measured backwards from the time the employee uses lea�=e.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12)
months after the birth or placement of that child.
How Leave May be Taken
FMLA lea�re may be taken in consecutive weeks, intermittently (a day periodically as needed), or may be
used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may
not exceed a total of twelve (12) workweeks.
Intermittent leave may be taken when medically necessary for the employee's serious health condition or
to care for a seriously ill family member. Intermittent leave must be documented in the medical
certification form as medically necessary.
If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment,
the employee must make a reasonable effort to schedule the treatment to not disrupt the city's business.
Page 25�66
In instances when intermittent or reduced schedule lea�Te for the employee or employee"s family member
is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the
city may temporarily transfer an employee to an available alternative position with equivalent pay and
benefits if the alternative position would better accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a ne��born or newly placed adopted or
foster care child only with the cit�-'s approval.
Notice
All employees requesting FML,A leave must provide written or verbal notice of the need for the leave to
the employee's supervisor and human resources.
When the need for the leave is foreseeable, the employee must give verbal and written notice to his/her
supervisor at least thirt�- (30) days prior to the date on which leave is to begin.
If thirty (30) days' notice cannot be given, the employee is required to give as much notice as practicable,
including following required call-in procedures.
If an employee fails to give thirty (30) day s' notice for a foreseeable leave with no reasonable explanation
for the delay, the leave may be denied until thirty (30) days after the employee provides notice.
Certification and Documentation Requirements
For leave due to an employee's serious health condition or a family member's, the city will require the
completion of a Medical Certification Fornc by the attending physician or practitioner. The form must be
submitted to Human Resources within fifteen (1'�) calendar days after requested. If the form is not
submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure
to provide medical certification may result in a denial or delay of the leave.
The city may require an employee obtain a second opinion from a provider which the city selects. If
necessary, to resolve a conflict between the original certification and the second opinion, the city may
require the opinion of a third doctor. This third opinion will be considered final. An employee will be
provisionally entitled to leave and benefits under the FML,A pending the second and/or third opinion.
When leave is due to an employee's own serious health condition, a fitness for dut�- certification (FFD)
may be required before an employee can return to work. Failure to timely provide such certification may
eliminate or delay an employee's right to reinstatement under the FML,A.
If an employee is using intermittent leave, and reasonable safety concerns e�st regarding the employee's
ability to perform his or her duties, a FFD certificate may be required as frequently as every 30 days
during periods when the employee has used intermittent leave.
Recertification
Recertification may be required if the employee requests an e�tension of the original approved leave or if
the circumstances regarding the leave have changed. Recertification may also be required if there is a
question as to the validity of the certification or if the employee is unable to return to work due to the
serious health condition.
Annual Medical Certification and Recertification
Where the employee='s need for leave due to the employee='s own serious health condition lasts beyond a
single lea�=e year, the cit�-wi11 require employees to provide a new medical certification in each subsequent
Page 26�66
leave year. Such new medical certifications are subject to the provisions for authentication and
clarification and second and third opinion.
Reinstatement
Employees returning from FMLA will be reinstated in the same position or a position equivalent in pay,
benefits, and other terms and conditions of employment.
An employee='s reinstatement rights are the same as theywould have been had the employee not been on
leave. Thus, if an employee"s position would have been eliminated or an employee would have been
terminated but for the leave, the employee would not have the right to be reinstated upon return from
leave.
Notice of Intent to Return from FMLA Leave
The cit�� requires an employee on FMLA leave to report periodically on the employee's status and intent
to return to work.
Effect on Benefits
An employee granted leave under th�"s po�'�Icy will continue to be covered under the cit�"s group health
and dental insurance plan under the same conditions and at the same level of city contribution as would
have been provided had they been continuously employed during the leave period. Minnesota Parenting
Leave and all forms of paid time off (sick leave, disability leave, workers' comp leave, vacation,
compensatory time off, etc.) run concurrently with FML,A. If there are changes in the cit�"s contribution
levels while the employee is on leave, those changes will take place as if the employee were still on the
job.
The employee will be required to continue payment of the employee portion of group insurance co�rerage
while on leave. Arrangements for payment of the employee"s portion of premiums must be made by the
employee with the city.
Failure to Return to Work after FMLA
Under certain circumstances, if the employee does not return to work at the end of the FMLA leave for
at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid
by the city for group health plan benefits. The cit�� may also require the employee to repay any amounts
the city paid on the employee's behalf to maintain benefits other than group health plan benefits.
If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject
to COBRA continuation.
If the employee fails to pay the cit�- a portion of the premiums for which s/he is responsible during the
FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to
pay premiums is not a qualif�-ing event for purposes of continuation coverage under COBRA.
If the employee does not return from the FMLA leave and coverage ended sometime during the FML.A
leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee
must have been covered on the day before the qualifying event In this situation, the qualif�-ing event
would occur at the time the employee did not return from the leave.
Activities Prohibited During FMLA
While on leave, employees may not engage in activities (inclucling employment) with the same or similar
requirements and essential functions of an employee's current position.
Page 27�66
Employees shall not engage in activities that conflict with the best interests of the cit�-. Such conduct will
result in disciplinary action up to and including termination.
Use of Accrued Paid Leave or Compensatory Time during FMLA
Paid leave runs concurrently with FMLA leave. The use of sick leave shall be for reasons allowed
according to the Sick Leave Policy. Prior to taking unpaid FMLA leave, employees must use all but 40
hours of accrued sick leave (unless use is not applicable to policy), all but 40 hours of accrued vacation
lea�=e, and all compensatory time unless their medical condition/injury is co�=ered by Worker's
Compensation.
Additional Leave
Employees who cannot return from an approved FMLA leave at the end of the approved leave period
may request an extension up to the ma�mum of twelve (12) weeks allowed under FMLA. If the twelve
(12) FMLA weeks have already been used, the employee can request General Leave. If approved, before
General Leave begins the employee must use any accrued sick lea�re, compensatory time, or vacation
leave that remains. If the leave is approved the employee will be required to pay the full cost of all group
insurance, as provided under COBRA, in order to continue coverage.
If the General Leave is not appro�=ed or the employee fails to request additional leave, the employee will
be considered to have voluntarily resigned. If circumstances beyond the employee's control prevented the
employee from requesting additional leave, a retroactive leave request may be allowed, subject to the city
administrator's approval.
FMLA — Qualified Exigency and Military Caregiver Leave
Qualified Exigency
Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of
an impending call or order to co�rered active military duty or who is already on covered active duty may
take up to twelve (12) weeks of leave for reasons related to or affected by the family member's call-up or
service.
The qualifying e�gency must be one of the following:
1. Short-notice deployment
2. Military events and activities
3. Childcare and school activities
4. Financial and legal arrangements
5. Counseling
6. Rest and recuperation
7. Post-deployment activities
8. Parental care
9. Additional activities that arise out of active dut�-, pro�=ided that the employer and employee agree,
including agreement on timing and duration of the leave.
Military Caregiver Leave
An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, or parent, or
next of l�in of a covered servicemember may take up to 26 weeks in a single 12-month period to care for
that servicemember.
Page 28�66
The family member must be a current member of the Armed Forces (including a member of the
National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active
dun� for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on
outpatient status or on the temporary disability retired list.
Eligible employees may not take leave under this provision to care for former members of the Armed
Forces, former members of the National Guard and Reserves, and members on the permanent disability
retired list.
Definitions
Son/Daughter of a covered servicemember =- The biological, adopted, or foster child, stepchild, legal
ward, or a child for whom the covered servicemember stood in locoparenti.r, and who is of any age.
Parent of a covered servicemember =- The biological, adoptive, step, or foster father or mother, or any
other individual who stood in locoparenti.r to the covered servicemember. This term does not include
parents "in law."
Next of kin of a covered servicemember _- Is the nearest blood relative, other than the covered
servicemember's spouse, parent, son, or daughter, in the follo��ing order of priority: blood relatives who
have been granted legal custody of the servicemember by court decree or statutory provisions, brothers
and sisters, grandparents, aunts and uncles, and first cousins, unless the covered senricemember has
specifically designated in writing another blood relative as his or her nearest blood relative for purposes
of military caregiver leave under the FML,A.
When no such designation is made, and there are multiple family members with the same level of
relationship to the covered servicemember, all such family members shall be considered the covered
servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember,
either consecutively or simultaneously. When such designation has been made, the designated individual
shall be deemed to be the covered senricemember's only next of l�in. An employer is permitted to require
an employee to pro�ride confirmation of covered family relationship to the covered servicemember
pursuant to � 825.122(j).
Covered active dut� Re�ular Com�onent of the Armed Forces =- Duty during deployment of the
member with the Armed Forces to a foreign country.
Covered active dut� Reserve Com�onents of the Armed Forces =- Duty during deployment of the
member with the Armed Forces to a foreign country under a call or order to active duty in a contingency
operation as defined in section 101(a) (13) (B) of title 10, United States Code.
Co�=ered servicemember =- A member of the Armed Forces (including National Guard or Reserves) who
is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious injury or illness; or a veteran who is
undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a
member of the Armed Forces (including a member of the National Guard or Reserves) at any time
during the period of 5 years preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
Serious injury or illness =- A member of the Armed Forces (including National Guard or Reserves), with
an injury or illness incurred in the line of duty on active duty (or e�isted before the beginning of the
member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces)
and that may render the member medically unfit to perform the duties of the member's office, grade,
rank, or rating; and
Page 29�66
A veteran who was a member of the Armed Forces (including National Guard or Reserves) at any time
during a period when the person was a covered servicemember, means a qualify-ing (as defined by the
Secretary of Labor) injury or illness incurred by a covered servicemember in the line of dut�- on active
duty that may render the servicemember medically unfit to perform the duties of his or her office, grade,
rank, or rating.
Outpatient status, with respect to a covered servicemember, means the status of a member of the Armed
Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the
purpose of providing command and control of inembers of the Armed Forces receiving medical care as
outpatients.
Amount of Leave — Qualified Exigency
An eligible employee can take up to 12 weeks of leave for a qualified e�gency.
Amount of Leave — Military Caregiver
An eligible employee taking military caregi�rer lea�=e is entitled to 26 workweeks of leave during a single,
12-month period. The single, 12-month period begins the first day the eligible employee takes FMLA
leave to care for a covered servicemember and ends 12 months after that date.
Leave taken for any FMLA reason counts towards the 26-week entitlement If an employee does not take
all of 26 workweeks of leave entitlement to care for a covered servicemember during the single, 12-
month period, the remainder of the 26 work�veeks of leave entitlement to care for the covered
servicemember is forfeited.
Certification of Qualifying Exigency for Military Family Leave
The cinr will require certification of the qualifying e�gency for military family leave. The employee must
respond to such a request within 15 days of the request or pro�ride a reasonable explanation for the delay.
Failure to provide certification may result in a denial of continuation of lea�=e. This certification will be
provided using the DOL Certification of Qualifying E�gency for Military Family Lea�=e.
Certi�cation for Serious Injury or Illness of Covered Servicemember for Military Family Leave
The city will require certification for the serious injury or illness of the covered servicemember. The
employee must respond to such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered
Servicemember.
All other provisions of the FML,A policy, including Use of Paid Leave, Employee status and benefits
during leave, the Procedure for Requesting Leave, Benefits during Leave, and Reinstatement, are outlined
above in the FML,A policy.
Parental Leave Policy
Federal and state law mandates a number of paid and unpaid types of leave to protect employment and
to benefit certain activities. The city provides certain leaves to assist employees with life's challenges
enabling employees to be productive at work.
For this purpose, the city has implemented a paid Parental Leave Policy. Paid parental leave is intended
to provide workplace support for parents of ne��born or adopted children as the�r adjust to ne�� life
changes and to assist with the preservation of accrued sick leave.
Eli—���'
Page 30�66
Employees must be sick leave benefit-earning to be eligible for Parental Leave after one (1) year of
continuous leave benefit-earning city employment.
Leave may be granted following the birth of a biological child or legal adoption placement of a child.
Foster child placement, surrogate mothers, and sperm or egg donors are excluded from coverage.
Employees shall notify Human Resources and their supen=isor of the desire to tal�e Parental Leave as
soon as possible but no later than thirty (30) days before anticipated birth or placement to ensure
work/shift coverage. A Request for Leave of Absence form shall be submitted at least thirty (30) days
before anticipated leave.
Leave is discretionary subject to city service needs.
Use
Eligible parents are permitted five (5) working days (up to 40 hours) of paid leave following the birth
or adoption placement of a child. Available hours are prorated for part-time employees. Hours are paid
at the employee's regular base wage for regularly scheduled work hours only and do not include
overtime, supplemental pay, and/or other additional pay.
Leave must be taken within the first six months of birth or adoption placement In no case shall
Parental Leave combined with other types of leave extend beyond 12 weeks.
Leave may be taken intermittently and may run consecuti�rely with other leave (sick, vacation, or
compensatory time). Parental leave shall run concurrently with FMLA, 1�1N Parental Leave, and/or
Short Term Disability.
Employer benefit contributions and lea�=e accruals (both according to polic5-) continue during paid
parental leave.
Pregnancy and Parenting Leave
�11 em�lo�-ees are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave
Act of Minnesota. Female employees for prenatal care, or incapacity due to pregnancy, childbirth, or
related health conditions as well as a biological or adoptive parent in conjunction with after the birth or
adoption of a child are eligible for up to twel�Te (12) weeks of unpaid leave and must begin within twelve
(12) months of the bisth or adoption of the child. In the case where the child must remain in the hospital
longer than the mother, the leave must begin within twelve (12) months after the child leaves the
hospitaL Employee should provide as much notice as possible. If the leave must be taken in less than
three days, the employee should give as much notice as practicable.
Employees are required to use accrued leave (sick leave, vacation leave, compensatory time) during
Pregnancy and Parenting Leave. If the employee has remaining FMLA eligibility at the time this leave
commences, this leave will also count as FML.A leave. The two leaves will run concurrently.
The employee is entitled to return to work in the same position and at the same rate of pay the
employee was recei�ring prior to commencement of the leave. Group insurance co�rerage will remain
available while the employee is on lea�re pursuant to the Pregnancy and Parenting Leave Act, but the
employee will be responsible for the entire premium unless otherwise provided in this policy (i.e.,
where lea�Te is also FMLA qualifying). For employees on an FMLA absence as well, the employer
contributions toward insurance benefits will continue during the FMLA leave absence.
Page 31 �66
An em�lo�-er shall not disch�lr�e, disci�line,�enalize, interfere �vith, or other�vise retaliate or discriminate
����unst an em�lo�-ee for assertin�arentalleatTe rights �r remedies.
Adoptive Parents
Adoptive parents have the same leave opportunity €Fr�as biological parents (see Pregnancy and Parenting
Leave). The leave must be for the purpose of arranging the child's placement or caring for the child after
placement Leave must begin before or at the time of the child's placement in the adoptive home.
Reasonable �J-pp�i�Work Time for Nursing Mothers
Nursing mothers and lactatin� em�lo�-ees are provided reasonable ��break time to express milk for
her ulfant child. The ��ud break times can run concurrentl�- «-ith an�- break time alread�- .-nro�Tided. The
city will provide a private room (other than a restroom) as close as possible to the employee's work area
with access to an electrical outlet.
Reasonable Accommodations for Health Conditions Relating to Pregnancy
The city will provide female employees who request reasonable accommodation with the following for
her health conditions related to her pregnancy or childbirth.
More frequent restroom, food, and water breaks
Seating
Limits on lifting over 20 pounds
The city will engage in an interactive process with respect to an employee's request for a reasonable
accommodation, including, but not limited to, temporary transfer to a less strenuous or hazardous
position, should one be available, unless such accommodation imposes an undue hardship on the cit��.
School Conference Leave Policy
Employees -�-',� -�_�~'- ��,�� �~'��,� �:-~� may take up to sixteen (16 hours) unpaid leave during any 12-
month period to attend school conferences or classroom activities related to the employee's child
(through secondary school), pro�=ided the conferences or classroom activities cannot be scheduled during
non-work hours. If an employee's cluld receives childcare services or attends a pre-kindergarten regular
or special education program, the employee may use the leave time to attend a conference, or acti�rity
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 supenrisor and make a reasonable effort to schedule the leave
so as not to unduly disrupt cit�r business.
Employees may choose to use vacation leave for this absence but are not required to do so.
Bone Marrow/Organ Donation Leave
Employees who work an a�Terage of twent�- (20) or more hours per week who seek to undergo a
medical procedure to donate bone marrow or an organ or partial organ may take up to fort�- (40) hours
of paid lea�=e. The forn- (40) hours is over and above the amount of accrued time the employee has
earned. The city may require verification by a physician of the purpose and length of each leave
requested by the employee. If a medical determination indicates the employee does not qualify as a
donor, the paid leave is not forfeited.
Page 32�66
Effecti��e �ul�� 1, 2023, an em�lo��er shall not discharge, disci�line,�enalize, interfere wid�, or otherwise
retaliate or discriminate against an em�lo�ee for asserting bone marrow or organ donation leave rights
or remedies.
Military Leave
State and federal laws provide protections and benefits to cit�� employees who are called to military
service, whether for training or on active dut��. Such employees are entitled to a leave of absence
without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged
in training or active service not exceeding a total of 15 days in any calendar year.
The leave of absence is only in the event the employee returns to employment with the city as required
upon being relieved from service or is prevented from returning by physical or mental disabilit�- or
other cause not the fault of the employee or is required by the proper authority to continue in military
or naval service beyond the fifteen (15) day paid leave of absence. Employees on extended unpaid
military lea�=e will receive fifteen days paid leave of absence in each calendar year, not to exceed five
years.
Where possible, notice is to be provided to the city at least ten working days in advance of the
requested leave. If an employee has not yet used his/her fifteen days of paid leave when called to
active duty, any unused paid time will be allowed for the acti�=e-duty time, prior to the unpaid leave of
ab sence.
With few exceptions, employees returning from military service will be reemployed in the job that they
would have attained had they not been absent for military service and with the same seniority, status
and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be
considered hours worked for the purpose of vacation leave and sick leave accruals.
Eligibility for continuation of insurance coverage for employees on military lea�=e beyond fifteen days
will follow the same procedures as for any employee on an unpaid leave of absence.
Employees will be granted up to ten working days of unpaid leave whose immediate family member is
a member of the United States armed forces who has been injured or killed while engaged in active
service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave.
Unless the leave would unduly disrupt the operations of the city, employees whose immediate family
member, as a member of the United States armed forces has been ordered into active service in
support of a war or other national emergency, will be granted an unpaid leave of absence, not to
exceed one da�r's duration in any calendar year, to attend a send-off or homecoming ceremony for the
mobilized service member.
The cin-�vill rant em�loeees an un�aid lea�-e of absence for time s�ent ser�-in� as a member of the
Civil Air Patrol u�on rec�uest and authorit�- of the s�tate or anv of its �olitical subdivisions, unless the
absence would undulv disru�t the o�erations of the citv. Em�lo�rees mav choose to use vacation leave
in �lace of tul��ud lea�-e.
Jury Duty Leave and Court Appearances
Employees are allowed a leave of absence pursuant to state statutes without restriction or sanction when
called for jury duty.
■ An employee performing jury duty or testify-ing in court for cin�-related business will receive the
difference between his/her regular rate of pay and the amount received as juror or witness up to
the ma�mum allowed by state or federal law. Upon receipt of payment from the court,
documentation of payment shall be provided to Human Resources.
Page 33�66
The employee must notify his/her supervisor and initiate a leave of absence within forty-eight
(48) hours of receiving call for jury duty.
An employee excused or released from jury duty during regular work hours must report to
his/her supervisor immediately thereafter.
Time spent on jury duty will not count as time worked in computing overtime.
Victim or Witness Leave
Employees subpoenaed or requested by a prosecutor to testify in court related to se�ual assault, domestic
abuse, or stalking, who is the victim or is the spouse or immediate family member of such victim, shall be
allowed the use of e�irned sick �u1d safe time ���'-��for reasonable time off from work to attend
criminal proceedings related to the victim's case. See the � �' � Eurne�' Sic�
�a��rl Sc�fe Ti»�e i�rlic�� for additional information.
Bereavement Leave
Regular full-time and regular part-time employees worl�ing a minimum of 1,040 hours per year are
permitted a paid leave from scheduled work to make funeral arrangements, for funeral attendance, to care
for sun=i�=ors, gather with relatives, and/or to otherwise grieve a familial death. Bereavement leave is
prorated for eligible regular, part-time employees according to the number of hours worked. Leave is
limited to the following:
■ Up to five (5) day s: Husband, wife, mother, father, son, daughter, brother, sister, stepmother,
stepfather, stepson, stepdaughter, stepbrother, and stepsister.
■ Up to three (3) days: Son-in-law, daughter-in-la��, mother-in-la��, father-in-law, grandparent, or
grandchild.
■ One (1) day: Aunt, uncle, cousin, niece, nephew, sister-in-law, brother-in-law, Godchild,
grandparent-in-law.
■ `�Jith city administrator approval, leave may be granted in certain unique family arrangements.
Leave days shall be concurrent unless approved by the city administrator and supervisor.
Additional time off for bereavement may be granted and charged to vacation leave or compensatory time,
if available. Employees covered by a collective bargaining agreement shall receive berea�=ement benefits as
stated in the collective bargaining agreement.
General Leave
The city recognizes that unique personal circumstances may cause an employee to seek time off without
pay. The city may, at its sole discretion, grant unpaid personal leaves of absence (General Leave).
Appro�ral is required from the immediate supernisor, department director, and the city administrator.
General Leave shall not exceed ninety (90) days, unless approved by the city administrator.
Vacation and sick leave do not accrue during a General Leave and the employee is not eligible for holiday
pay. The city will not contribute to the cost of insurance premiums for an employee on General Leave.
Emplo�rees are expected to return from General Leave when the reason for the leave expires.
Employees who take a General Leave have no right to reinstatement.
Voting�-a�c-�Election Judge, and Delegates to Party Conventions Leave
�n em�lovee selected to ser�re as an election judge oursuant to l�tinnesota law, will be allowed time off
with pa�r for �ur�oses of serving as an election judg� orovided the em�lo�ree gives the citt� at least
Page 34�66
t��ent�(20 da�rs ��ritten notice, including a certification from the a�oo�ting authorit�r stating the
hourl� com�ensation to be �aid the em�lo�ree for senice as an election judge and the hours during
«�luch the em�lo�ee will serve. The citv ma� reduce the wages of an em�lo�ee sening as an election
iudge b� the amount �aid to the election judge b� the a�ointing authorit�r during the time the
em�lo�-ee was absent from the �lace of em�lovment Thus, em�lo�rees will be �aid the difference
between their pav as an election judge and their regular rate of �av for their normal workda�
The citv reserves the right to restrict the number of em�lo�-ees absent from ��ork for the pur�ose of
ser�ring as an election judge to no more than 20 �ercent of the total work force at an,r�gle worksite.
�ll em�lovees eligible to vote at a State general election, at an election to fill a vacanc� in the office of
LTnited States Senator or Re�resentative, or in a Presidential �rimary, will be allowed time off with �a�r
to vote on the election da�. Em�lo�ees wanting to take advantage of such leave are rec�uired to work
�cith their su�ervisors to avoid coverage issues. Effective�ulv 1, 2023, em�lo�-ees mav be absent from
�vork for the time necessar;r to vote to include voting during the �eriod allowed for voting in �erson
before election da�r.
��n em�lovee mav be absent from work to attend an�r meeting of the state central committee or
e�ecutive committee of a major �olitical �artv if the em�lovee is a member of the committee. The
em�lo�ree mav attend anv con�rention of a major �olitical �ar ,-t��ate, includin� meetings of official
convention committees if the em�lovee is a delegate or an alternate delegate to that convention.
Per the statutory rec�uirement, the em�lo�ree must give at least ten da��s written notice of their �lanned
absence to attend committee meetings or conventions. Time a��av from work for this �ur�ose will be
considered un�aid unless the em�lovee chooses to use vacation/ PTO leave during their absence.
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Administrative Leave
Under special circumstances, an employee may be placed on an administrative leave pending the outcome
of an internal or external investigation. The leave may be paid or unpaid, depending on the
circumstances, as determined by the city administrator.
Athletic Leave of Absence
An em�lo�ee who c�ualifies as a member of the United States national team for athletic com�etition on
the world cham�ionshi� Pan American, or Olvm�ic team in a s�ort sanctioned bv the International
Ol`-mpic Committee, shall be granted a leave of absence without loss of �a� or other benefits for the
nurpose of pre�aring for and engaging in the com�etition. In no event shall the �aid lea�re exceed the
neriod of official trainin'g cam� and com�etition combined, or 90 calendar da�-s a vear, whichever is less.
The em�lo�-ee sha]1 �rotTide doctunentation establishing their �artici�ation on s�ud team �tnd in s�ud et-ent.
Page 35�66
Page 36�66
General Benefits
Following is an overview of benefits available to eligible employees. The descriptions provided are not
intended to be comprehensive and all questions regarding eligibility and benefit levels should be directed
to Human Resources. The plan documents govern any inconsistencies between plan documents and the
information provided in this section. Benefits and eligibility requirements are subject to change, and such
changes may not be reflected in this description.
The city reserves the right, in its sole discretion, to change, modify or eliminate benefits at any time,
except to the extent prohibited by law.
Insurance
Various insurance policies, including group medical insurance, may be available for eligible city employees
and their dependents. Information about the benefits an employee is eligible for are provided to them
during their orientation. Questions about benefits should be directed to Human Resources.
The eligibility requirements and benefits provided are specified in materials provided by the respective
insurance carriers. Carriers may have different requirements concerning eligibility and they will govern
eligibility .
Under some circumstances, eligible employees and their dependents may have the option of continuing
coverage under certain city employee insurance plans for a limited time at the employee's own expense
when coverage would otherwise end. This continuation right is provided in accordance with the
Consolidated Omnibus Budget Reconstruction Act of 1985 (COBRA) and applicable state law.
Retirement/PERA
The city participates in the Public Employees Retirement Association (PERA) to provide pension
benefits for its eligible employees to help plan for a.rucces.rful an�l.recure retire�nent. Participation in PERA is
mandatory for most employees, and contributions into PERA begin immediately. The city and the
employee contribute to PERA each pay period as determined by state law. Most employees are also
required to contribute a portion of each paycheck for Social Security and Medicare (the city matches the
employee's Social Security and Medicare withholcling for many employees). For information about PERA
eligibility and contribution requirements, contact Human Resources.
Employee Development / Tuition Reimbursement
The city encourages and recommends lifelong learning and offers reimbursement to regular, full-time
employees for up to 75% of the tuition paid by the employee, excluding scholarships and grants up to a
ma�imum reimbursement of $3,000 per year (based on the budget year the expense is applied) for
accredited college or other instruction direcdy related to the employee's position with the city. To be
eligible for reimbursement the follo��ing requirements must be met:
1. Prior to registration, a completed Tuition Bei�nbur.re�nent Begue.rt For�c must be signed and on file
with Human Resources; and
2. The instruction must be to obtain a degree, certification, or license and apply directly to the
employee's position or be required to complete an associate, bachelor's, master's, or doctorate
degree in the field in which the employee works; and
Page 37�66
The employee must successfully complete the instruction. If letter grades are assigned, the
minimum grade required for reimbursement is a C; and
The reimbursement must be submitted within 60 days of instruction completion.
Books, activity fees, technology fees, and other non-tuition charges do not qualify for reimbursement.
All instruction must be taken on employee time and time spent on instruction is not considered hours
worked. If any portion of the employee's class/development activity is conducted during regular work
hours, the employee must take vacation or compensatory leave, an unpaid leave of absence, if approved,
or arrange for fle�ible scheduling, if approved by the department director.
Courses taken to maintain licensure, affiliation, certification, or credentialing as well as work-related
seminars and training are paid for with City Council approved budgeted training funds.
Employee Wellness
In an effort to promote wellness, the city maintains and encourages the use of a fitness room with
exercise equipment. The policy attached as E�hibit A must be read, signed, and returned to Human
Resources before using the fitness room.
Throughout the year, events are provided by the city's Health Rewards Program Committee to promote
overall health and wellness. Participation is encouraged.
Page 38�66
General Policies
Smoking, Vaping, and Tobacco Policy
The city complies with the Minnesota Clean Indoor Air Act. All cit�- buildings and vehicles, in their
entiret�-, shall be designated as smoke free, meaning that smoking in any form (through the use of
~��-rproducts such as pipes, cigars, and cigarettes), or "vaping" with e-cigarettes is prohibited while
in a city facility or velucle.
Smoking and vaping of any l�ind is prohibited while on dun� except for employees 21 and over only
during their breaks and lunch, and only in areas designated for that purpose. Employees who use
chew/spit tobacco shall not do so in the presence of the public and with respect to fellow employees
and shall not cause damage to or soil city vehicles, equipment, or facilities.
Employees violating this policy may be subject to disciplinary action up to and including termination.
Appearance and Dress
Employ-ee appearance is a direct reflection on the professionalism of city services. Departments may
establish dress codes for employees as part of departmental rules. Personal appearance should be
appropriate to the nature of the work and contacts with other people and should present a positive
image to the public. Clothing, jewelry, or other items that could present a safety hazard are not
acceptable in the workplace. To respect the rights of employees with fragrance sensitivities, fragrances
should be minimal or not worn.
Clothing must alway s be clean, neat, and in good repair. Good hygiene is always e�pected. The City Dress
and Appearance Policy is available on Acce.r.r Elk Kz'ver. Violation of this Policy may result in discipline up
to and including termination.
Electronic Communication Devices
The city provides telephonic equipment (land line and cellular), computer equipment and software, and
services used to communicate and supply email, voicemail, and internet data access. The equipment and
services are the propert�� of the city and are intended to be used for official city business. Employees who
intentionally misuse Electronic Communication Devices may be subject to discipline up to and inclucling
termination. Please reference specific city policies regarding issue eligibility and use of electronic
communication devices such as 800 MHz radios, cell phones, smartphones, and iPads/tablets.
Telephone Use
It is critical that employees be courteous, tactful, professional, and efficient on the telephone. Employees
are expected to answer and return calls promptly.
Personal calls must not interfere with city work, should be brief and made only when necessary.
Preferably, personal calls should be made during scheduled rest breal� or lunch periods.
The Mobile Phone Policy can be found on Acce.r.r Elk Kz'ver.
iPad/Tablet Device Use Policy
The City Council has authorized the purchase and assignment of iPads and tablet devices to enhance
workflow, reduce paperwork, increase efficiency, and enhance internal and external communication. The
full city policy which includes purpose, use, care, and user responsibilities can be found on Acces�- Elk
Kz�ver.
Page 39�66
Email and Voicemail Use
Emails and voicemails are subject to the Minnesota Records Management and the Government Data
Practices Acts and could be classified as public information.
While occasional use of these sen=ices for personal, non-business use is acceptable, employees must
demonstrate a sense of responsibilit�- and may not abuse email or voicemail privileges.
Communication sent via email or �=oicemail must be respectful in tone and professional. The
transmission, retrieval, or storage of discriminatory, harassing, derogatory, obscene, defamatory, or
threatening messages are forbidden. Email shall not be used for chain letters or for any purpose which is
illegal, against city policy, or contrary to the city's interests.
There is no expectation of pri�Tacy regarding cit�- email or voicemail. The cit�- has the capability to retrieve
mail messages even after deletion. Furthermore, the use of passwords on the email and voicemail system
does not mean that messages stored on those sy stems are confidential or may not be retrieved or
reviewed by others. The city reserves the right to review employee email files, messages, and usage at any
time and without notice and/or permission.
Employees must respect other's electronic communications and may not obtain unauthorized access to
another's email or voicemail messages, except pursuant to direction from the city administrator for the
purposes specified above.
Internet Access and Use
Acceptable uses of internet access services include information for business-related purposes,
professional education, and professional development.
Employees must respect all copyrights and intellectual property rights of materials, and may not copy,
retrieve, modify, or forward copyrighted, patented, or trademarked materials except as permitted by the
owner or as a single copy for reference use only.
Internet access and use is not confidential. The city has the right to monitor individual internet usage and
to review individual internet usage logs.
Bandwidth Conservation
The cit�� provides for access to the internet for several key government functions, such as police access to
records and public access to public records. To ensure sufficient bandwidth to access applications, the
cin� implements bandwidth conser�=ation measures, which include blocl�ing websites with no instructional
or administrative value. Use of internet radio stations for casual listening and/or background music is
strictly prohibited. Employees shall not download music files.
Password Policy
Passwords protect access to vital city technology resources utilized for daily business. The City Password
Policy can be found on Acce.rs Elk Kz'ver. The policy outlines the purpose, rules for password use and the
composition.
Travel Expenses
An employee will be reimbursed for actual and necessary expenses incurred when traveling on official city
business only upon approval of such expenses by the City Council in accordance with the city Travel
Policy. To receive reimbursement, promptly complete the appropriate claim form and submit to the
appropriate department director for consideration and approval.
Page 40�66
The Travel Policy can be found in the city's Financial Management Policy on Acce.rs Elk Kz'ver.
Keys and Security
Employees are responsible for securing their work area at the end of each day. Properly secure all
confidential files and sensitive information. All keys in your possession that are for city facilities and/or
equipment must be returned to your supervisor upon separation from employment.
Personal Use and Disposal of City Property
City property and equipment shall only be used in the performance of official city business. Cit�--owned
equipment and facilities are not available for personal use by employees. Personal use of city vehicles,
machinery, tools, and other equipment is strictly prohibited.
As city propert�- becomes obsolete, damaged, or is no longer needed, it shall be disposed of through
salvage, trade, public auction, bid, or other means.
Disposal by sale or auction requires a public notice be ad�Tertised in the official newspaper and a posting
at Cit�- Hall and other locations as deemed appropriate. The appropriate department director will
determine the minimum price for each item to be sold.
Cit�� property shall not be given away to anyone, including employees.
An employee may purchase no more than one motor vehicle from the city or another political
subdivision in any 12-month period.
Employees involved in the auction or process pertaining to the administration and collection of sealed
bids are prohibited from purchasing city property.
Unauthorized removal of city property or its conversion to personal use may result in discipline up to and
including termination.
Use of City Vehicles
City-owned vehicles may be used only by employees for official city business. Employees who drive or
may be required to drive city �Tehicles and equipment must maintain a safe driving record and obsenTe all
traffic laws. Seat belts must be properly used at all times. The use of electronic communications devices
(cell phones, smart watches) is prohibited unless you are having an emergency or in an emergency vehicle
performing official duties. Drivers must carry a current, valid driver's license that is adequate for the t�-pe
of vehicle dri�=en. Operating a cit�- vehicle without a valid driver's license will result in disciplinary action
up to and including termination. All employees must abide by the city's Fleet Safet�r Program inclucling
drug and alcohol testing for all employees who are involved in an accident while driving a city vehicle.
Passengers may be carried only when necessary to conduct city business and/or when their
transportation via cit�- vehicle is in the best interests of the cit�r. City vehicles may not be used to tra�=el
from work to an employee's residence for rest or lunch breaks without prior supervisor approval.
Employees conducting official business out of town (conventions, meetings, etc.) may carry family
members as passengers if such accompaniment does not interfere with the best interests of the city and
upon approval by the department director.
Resident Complaints
Resident complaints provide an opportunity for feedback and identifying problem areas. How well
Page 41 �66
complaints are handled determines the level of confidence and respect the public holds for their
municipal government.
When handling a complaint, be polite and ne�rer argue with the complainant even if s/he is angry,
unreasonable, or insulting toward you and the city. Stay calm, cool, and collected.
When a complaint is received, complete the following steps:
Receive and record information pertinent to the complaint.
Determine which employee is responsible to in�=estigate and take corrective action and forward
the complaint accordingly.
Follow-up to ensure action has been tal�en to correct the problem.
Emergency Closing
City facilities �ind fiznctions will generally be open during adverse weather. Due to individual
circumstances, each employee will have to evaluate the weather and road conditions in deciding to
report to work (or leave early). Employees not reporting to work for reasons of personal safety will be
allowed to use accrued vacation time or compensatory time, or with supervisor approval, may modify
the work schedule, or make other reasonable schedule adjustments.
Sworn police officers, wastewater treatment operators, and public works maintenance employees will
generally be required to report to work regardless of conditions.
Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by
the respective department director after consultation with the city administrator.
Employee Participation in the City Fire Department
Employ�ees are allowed and encouraged to participate as a part-time paid on call firefighter in the E1k
River Fire Department. The following pay provisions, in accordance with state and federal laws, apply to
employees who also work outside of theas regular department as part-time paid firefighters:
Fire Calls During Working Hours
An employee will be allowed to respond to fire calls as approved and determined by his/her department
director, based on the work assignments and responsibilities of the employee.
Employees responding to fire calls during regular work hours will be compensated at the same rate as
his/her regular city position with no additional firefighter paid compensation. An employee who
completes (flexes) regular work hours interrupted for a fire call during the same day will also receive
firefighter pay for the fire call.
Employees responcling while on vacation or compensatory time off will also recei�re firefighter pay for
the fire call.
Fire Calls During Non-Work Hours
Employees will receive their normal firefighter pay for fire calls and training that do not occur during the
regular work hours of their regular position.
Application of Fair Labor Standards Act (FLSA)
Employees will be paid overtime in accordance with the FLSA ���' �',� �:�-- n�-���:�� n�,:�_- Actual time
worked will be used for determining overtime payment, with no consideration to the one-hour minimum
Page 42�66
call out pay provision for fisefighter pay nor to �aid leatTe time in the em�lo�-ee's fulltime �osition. For
example, a false alarm that requires 15 minutes of work will be counted as 15 minutes for FLSA purposes
even though the minimum call out of one hour of pay would apply for firefighter pay purposes.
By advance mutual agreement, overtime earned for performance of fire department activities �r�shall be
paid at one and one-half times the employee's firefighter pay rate.
Employee Participation in the Police Reserves
City employees who are also member of the Ell� River Police Resen=es and are paid for their work as a
Reserve Officer shall be paid overtime at the Reserve rate when Reserve work contributes to the FLSA
requirement for overtime compensation.
Regular position hours worked as overtime shall be paid at the regular overtime rate.
Political Activity
Employees may belong to a political part�- and are entitled to complete freedom from all interference in
casting votes. Employees may seek election or appointment to public office, except to the extent
prohibited by the provisions of state or federal law.
Political acti�=it�- must not interfere with an employee's job duties or performance. Political acti�=it�� during
work hours is prohibited.
Candidacy
Employees who become candidates for elective office may request a leave of absence for the purpose of
pursuing their candidacy, which may be granted at the cit�-'s sole discretion.
To the extent that any employee, including one campaigning for office, is unable to perform his or her
duties, s/he may be subject to disciplinary action, up to and including termination.
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Labor Relations
Communication
The city encourages open communication throughout the organization to share information and ideas, to
raise concerns, and to provide suggestions for impro�rement To foster communication and improve
responsiveness, the city employs an administration/management structure (chain of command) with a
defined span of control intended to enhance communication and accessibility to supervisors, managers,
and department directors.
Employees shall first direct all communication to their immediate supervisor. Supervisors shall respond
to all inquiries, concerns, or suggestions in a timely manner. Violations of policies, including this policy
shall be filed in accordance with the City Grievance Procedure.
In the event the employee's inquiries, concerns, or suggestions are not addressed in a timely manner, or
s/he anticipates negative repercussions from communication with the immediate supervisor, the
employee may direct the communication to the immediate supervisor's supervisor. Concerns and
suggestions shall be advanced to each step including department director, human resources, and cin�
administrator if closure did not occur at the earliest possible le�Tel of communication.
Bypassing a step in the administration/management structure does not constitute insubordination.
Insubordination in the workplace refers to an employee's intentional refusal to obey an employer's lawful
and reasonable orders. Such a refusal would undermine a supervisor's level of respect and abilitt- to
manage and, therefore, is often a reason for disciplinary action, up to and including termination.
Elected and appointed officials, inclucling mayor, council members, and commissioners frequently solicit
employee feedback to better understand operations, impro�Te policy, and to ensure quality service.
Suggestions, grie�Tances, and concerns shall only be addressed with policymakers following the e�haustion
of resolution through the administration/management structure.
Notwithstanding the previous paragraph, a disagreement between employee and supervisor shall not be a
reason to bypass the administration/management structure and bring issues to elected or appointed
officials.
Directors, managers, and supervisors shall respect the administration/management structure of other
departments and divisions by coordinating work direction through the respective department director.
Retribution or retaliation by supervisory staff for the expression of ideas is not tolerated. A supervisor's
decision to not act on or accept an employee's suggestion or recommendation shall not be construed as
retribution, retaliation, or inaction.
Discipline
The city retains the right to take any disciplinary action deemed appropriate based upon the nature and
severity of the infraction(s) and the conditions surrouncling the incident. The city retains the sole
discretion to determine what behavior warrants disciplinary action and which action will be imposed.
The cinr may use progressive discipline to correct negative behavior rather than punish the employee.
There may be circumstances that warrant deviation from the suggested order or where progressive
discipline is not appropriate. Nothing in these personnel policies implies that any cit�� employee has a
contractual right or guarantee (also known as a property right) to the job he/she performs.
Page 44�66
Documentation of disciplinary action taken will be placed in the employee's personnel file with a copy
provided to the employ ee.
The follo��ing are descriptions of the types of disciplinary actions:
Oral Reprimand
This measure will be used where informal discussions with the employee's supervisor have not
resolved the matter. All supervisors can issue oral reprimands without prior approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify e�pectations and
put the employee on notice that the performance or behavior needs to change, and what the change
must be. The supervisor will document the oral reprimand inclucling date(s) and a summary of
discussion and corrective action needed.
Written Reprimand
A written reprimand is more serious and may follow an oral reprimand when the problem is not
corrected, or the behavior has not consistently improved in a reasonable period.
Serious infractions may require sl�ipping either the oral or written reprimand, or both. Written
reprimands are issued by the supervisor with prior approval from the city administrator.
A written reprimand will: (1) state what happened; (2) state what should have happened; (3) identify
the policy, directive or performance expectation that was not followed; (4) provide history, if any, on
the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate
consequences of recurrence.
Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees'
signatures do not mean the employee agrees with the reprimand. `�Jritten reprimands will be placed in
the employee's personnel file.
Suspension With or Without Pay
The city administrator may suspend an employee without pay for disciplinary reasons. Suspension
without pay may be followed with immediate dismissal as deemed appropriate by the City Council,
except in the case of veterans. Qualified veterans, who have completed their initial probationary
period, will not be suspended without pay in conjunction with a termination.
The employee will be notified in writing of the reason for the suspension either prior to the suspension
or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file.
An employee may be suspended or placed on Administrative Leave pending an investigation of an
allegation involving that employee. The leave may be with or without pay depending on the nature of
the allegations. If the allegation is proven false, the relevant documents shall be removed from the
employee's personnel file and the employee will receive any compensation and benefits due had the
suspension not tal�en place.
Demotion and/or Transfer
An employee may be demoted or transferred if attempts at resolving an issue have failed and the city
administrator determines a demotion or transfer to be the best solution to the problem.
The employee must be qualified for the position to which they are being demoted or transferred. The
City Council must appro�=e this action.
Salary
An employee's salary increase may be withheld, or the salary may be decreased due to performance
deficiencies.
Page 45�66
Dismissal
The cit�� administrator, with the approval of the Cit�- Council, may dismiss an employee for
substandard work performance, serious misconduct, or behavior not in keeping with city standards.
If the disciplinary action involves the remo�Tal of a qualified veteran, who has completed his/her initial
probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the
veteran in accordance with Minnesota law.
While the city strives for consistency, the level of discipline taken in any given case does not establish a
precedent for future similar circumstances.
This policy does not change the fact that city employment is at-will, meaning an employee and the city
have the right to terminate employment at any time and for any reason, with or without cause or notice.
Grievance Procedure
Any dispute between an employee and the city relative to the application, meaning, or interpretation of
personnel policies will be settled in the following manner:
Step I- The employee must present a grievance in writing, stating the nature, the facts in which it is
based, the provision(s) of the personnel policy allegedly violated, and the remedy requested, to the
immediate supervisor within twelve (12) days after the alleged violation or dispute has occurred. The
immediate supervisor will respond to the employee in writing within seven (7) calendar days.
SteP 2- If the grievance is not settled in accordance with Step 1, it must be presented in writing, stating
the nature of the grievance, the facts in which it is based, the provision(s) of the personnel policy
allegedly violated and the remedy requested, to the department director within seven (7) days after the
due date of the supen=isor's response. The department director will respond to the employee in writing
within seven (7) calendar day s.
Step 3- If the grievance is not settled in accordance with Step 2, it must be presented in writing, stating
the nature of the grievance, the facts in which it is based, the provision(s) of the personnel policy
allegedly violated and the remedy requested, to the city administrator within seven (7) days after the due
date of the department director's response. The city administrator or his/her designee will respond to the
employee in writing within seven (7) calendar days. The decision of the city administrator is final for all
disputes with e�ception of those specific components in a performance evaluation subject to a challenge
through the Department of Administration.
Waiver - If a grie�=ance is not presented within the time limits set forth above, it will be considered
"wai�=ed." A grievance not appealed to the next step in the specified time limit or any agreed extension
thereof will be considered settled based on the cit�-'s last answer. If the cit�r does not answer a grievance
or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at
that step and immediately appeal the grievance to the ne�t step. The time limit in each step may be
extended by mutual agreement of the city and employee without prejudice to either party.
The following actions are not grievable:
■ ��hile certain components of a performance evaluation, such as disputed facts reported to be
incomplete or inaccurate are challengeable, other performance evaluation data, inclucling
subjective assessments, are not.
■ Pay increases or lack thereof.
The above list is not meant to be all inclusive or e�austive.
Page 46�66
Safety
The city seeks to ensure the personal safety of employees and to prevent occupationally induced injuries
and illnesses. To the greatest degree possible, management seeks to maintain a safe and hazard-free work
env�sonment.
It is the policy of the City Council to provide employees with safe working conditions through the
following means:
A Safet�- Committee consisting of employees and management representing each department and
employee group is charged with creating and maintaining a safet�- program in compliance with all
applicable federal, state, and local laws.
The Committee or sub-committee reviews occupational illness and injury, and incidents that result in
damage to cit�r property, and strives to take action to ensure that unsafe work methods, unsafe work sites,
and unsafe equipment are identified and made safe.
All employees are required to fully comply with the Safety Program as administered by the Safety
Committee.
Department directors, management, and supervisory employees are responsible for implementing the
Safety Program by training their employees in safe work methods and by enforcing compliance with
safety standards set by the Safety Committee.
Department directors are responsible for providing all employees with the safety equipment and safety
clothing that is necessary for employees to perform their duties in a safe manner.
New employees receive a copy of the City of Elk Kz'ver Employee Safety Manual during their onboarding.
Employees are required to read the manual carefully and discuss areas of concern with their supervisor.
Employees are required to develop safe work habits and to contribute to the safety of themselves and co-
workers.
To be successful, the safet�- progr�un must be the shared responsibility of all employees. Employees are
required to:
■ Immediately report to their supervisor all unsafe equipment, practices, or procedures that pose a
threat to the safet�- of employees or others.
■ Cooperate with and assist in the investigation of accidents to identify the causes and to prevent
recurrence.
■ Be active in department and city safety programs.
■ Observe and promote safe work habits.
■ Report injuries to supervisor immediately.
Employees who do not follow and abide by the city's safety policies will be subject to discipline up to and
including termination.
Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of
employment that such equipment be worn by the employee.
Page 47�66
Supervisors are authorized to send an employee home immediately when the employee's behavior
�=iolates the city's personnel policies, department policies, or creates a potential health or safety issue for
the employee or others.
Safety Equipment Reimbursement
The city reimburses employees for certain foot and eye protection required by the city safen� policy.
Employees required to wear protective footwear may be reimbursed based on the Foot Protection Policy
attached as E�ibit B. Employees required to wear eye protection may be reimbursed based on the
Prescription Safety Eyewear Policy attached as Exhibit C.
Incident Reporting
Employees are required to report accidents resulting in personal injuries and/or vehicle, equipment, or
property damage to their supen=isor immediately.
Employees shall immediately report all accidents and injuries occurring within the course of employment
to their supervisor and complete an Employee Incident Report. The supervisor shall submit a
Supervisor's Report of Injury Form to Human Resources within twenty-four (24) hours of the injury.
Both forms are on Acce.r.r Elk Kziver.
Employees shall immediately report all damage to city property to their supervisor. The supervisor shall
submit documentation regarding the incident to the Finance Department within twent�r-four (24) hours
of the time of the damage or accident. A copy of the Minnesota Motor Vehicle Accident Report must be
submitted for all vehicle accidents.
Further details on this policy and a complete summary of responsibilities and procedures are available
from the Safety Coordinator.
Workers' Compensation
An employee temporarily unable to work due to an injury or illness sustained in the performance of their
cit�- work may be eligible for Workers' Compensation subject to the pro�=isions of the State of Minnesota
Workers' Compensation Law.
An employee who becomes eligible to receive Workers' Compensation will retain the total amount of the
Workers' Compensation check and may receive the difference between their ��lorkers' Compensation
payment and the employee's regular gross salary with accrued sick leave. If accrued sick leave is not
available, vacation or compensatory time may be used. The total of the `�Jorkers' Compensation check
and the accrued leave compensation may not exceed the employee's normal gross pay.
Page 48�66
Conduct
Ethics of Public Employment
The city affirms it is in the public's interest and general welfare of the community and its residents that a
statement of ethics be established for all city employees.
Employees shall not use their official position for personal gain, engage in any business, transaction, or
have a financial interest, direcdy or indirectly, conflicting with the proper performance of their official
duties.
Accepting Gifts
Employ�ees shall not accept, either directly or indirectly, any money, property, gift, gratuity, reward, loan,
fee, discount, special consideration, or special accommodation arising from or offered because of their
employment or any activity connected with their employment with the city.
Employee Endorsements
No employee shall, in any manner or form, endorse, recommend, or advertise a product or service by
using the city's name or the employee's name and/or title.
Conflict of Interest
The credibilit�� of local government rests heavily upon the confidence residents have in public officials to
render fair and impartial services to all without regard to personal interest and/or political influence.
Thus, cin- officials and employees must scrupulously a�=oid any acti�rities that suggest a conflict of interest
between their private interests and cit�r responsibilities.
The cit�r has adopted a Conflict of Interest Ordinance that addresses these issues (Chapter 2, Article 3,
Division 3, Section 2-132). Employees and officials are required to follow all applicable laws related to
conflicts of interest, including the city's Conflict of Interest Ordinance which can be found on Acce.r.r Elk
Kz'ver and in the Cit�r Code of Ordinances.
Whistleblower Protections
An employee of the city who, in good faith, reports an activity that s/he considers to be illegal or
dishonest to one or more of the parties may have whistleblower protections. The whistleblower is not
responsible for investigating the activity or for determining fault or corrective measures; appropriate city
management officials are charged with these responsibilities.
E�amples of illegal or dishonest activities include violations of federal, state, or local laws; billing for
services not performed or for goods not delivered; and other fraudulent financial reporting.
If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee
is to contact his/her immediate supervisor or Human Resources. The employee must e�ercise sound
judgment to avoid baseless allegations. An employee who intentionally files a false report of
wrongdoing may be subject to discipline up to and including termination.
Page 49�66
It is the city's legal responsibility to protect employees who make a complaint of employment
discrimination, who serve as a wimess or participate in an investigation, or who are e�ercising their
rights when requesting religious or disabilit�- accommodation from retaliation.
Whistleblower protections are provided in two important areas — confidentialit�- and against retaliation;
insofar as consistent with Minnesota Government Data Practices, the confidentialit�- of the
whistleblower will be maintained. However, identit�- may have to be disclosed to conduct a thorough
investigation, to comply with the law and to provide accused individuals their legal rights of defense.
The cit�r will not retaliate against a whisdeblower. This includes but is not limited to, protection from
retaliation in the form of an adverse employment action such as termination, compensation decreases,
or poor work assignments and threats of physical harm. Any whistleblower who belie�=es s/he is being
retaliated against must contact Human Resources immediately. The right of a whistleblower for
protection against retaliation does not include immunit�- for any personal wrongdoing.
Sexual Harassment and Respectful Workplace
Employees have a right to work in an environment free from discrimination and intimidation, including
harassment. The mission of the city is best accomplished in an atmosphere of professionalism that in
turn is supported by mutual respect and trust The cit�- expects all employees to work toward this goal.
Harassment based on a person's race, color, creed, religion, national origin, sex, se�ual orientation,
gender, gender identity, gender expression, disability, age, marital status, familial status, pregnancy, status
regarding public assistance, veteran status, or any other protected class status may be unlawful and is
strictly prohibited.
Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect employees to
accept verbal and other abuse from any customer.
An employee may request that a supervisor intervene when a customer is abusive, or the employee may
defuse the situation themselves, inclucling professionally ending the contact.
If there is a concern about the possibility of violence, the employee should use his/her discretion to call
911, and as soon as feasible, a supervisor. Employees should leave the area immediately when violence is
imminent unless their duties require them to remain (such as police officers). Employees must notify
their supervisor about the incident as soon as possible.
Definitions of Sexual and Other Forms of Harassment
Harassment consists of unwelcome conduct based on a person's race (includin� traits associated �vith
race, u�cludul�, but not limited to, hair tezture and h�ur st�-les such �is braids. locs �u1d ttvistsl, color, creed,
religion, national origin, sex, sexual orientation, gender, gender identit�-, gender expression, disability, age,
marital status, familial status, pregnancy, 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 explicidy or implicidy:
• a term or condition of emplo�rment; or
■ a basis for an employment decision affecting your job; or
■ has the purpose or result of unreasonably interfering with your work performance or creating an
intimidating, hostile, or offensive work environment.
The city prohibits harassment in any form, including verbal, physical, and visual harassment.
Page 50�66
Sexual harassment includes unwelcome sexual advances, requests for sexual fa�Tors, sexually motivated
phy sical contact or other verbal or phy sical 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 eYplicitly or implicitly:
a term or condition of employment; or
a basis for an employment decision affecting your job; or
has the purpose or result or unreasonably interfering with your work performance or creating an
intimidating, hostile, or offensive work environment.
The city prohibits sexual harassment in any form, including verbal, physical, and visual harassment.
Some examples of conduct that may be sexual harassment under this policy include:
■ Use of offensive or demeaning terms which have sexual connotations.
■ Telling suggestive jokes or stories and conversations about se�ual exploits, sexual preferences,
and desires.
■ Posting jokes, cartoons, pictures, objects, or stories which have a sexual content.
■ Threats, demands or suggestions that an employee's work status, advancement, or other terms
and conditions of employment are contingent upon the employee's toleration of or acquiescence
to unwelcome sexual advances.
■ Repeated, unwelcome sexual flirtations, propositions, or invitations to social engagements; or
unwelcome and objectionable physical contact or physical pro�mity.
Types of Disrespectful Behavior
■ Violent behavior including the use of physical force, harassment, bullying, or intimidation.
■ Discriminatory behavior including inappropriate remarks about or conduct related to a person's
legally protected characteristic such as race, color, creed, religion, national origin, disability, sex,
gender, pregnancy, marital status, age, sexual orientation, gender identity or gender expression,
familial status, or status regarding public assistance.
■ Offensive behavior including such actions as rudeness, angry outbursts, inappropriate humor,
vulgar obscenities, name calling, disparaging language, or any other behavior regarded as
offensive to a reasonable person. It is not possible to anticipate in this policy every example of
offensi�=e behavior. Accordingly, employees are encouraged to discuss with their fellow
employees and supervisor what is regarded as offensive, considering the sensibilities of
employees and the possibility of public reaction.
Although the standard for how employees treat each other and the public will be the s�ne
throughout the city, there may be differences between work groups about what is appropriate
in other circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate, the employee should request clarification from their supervisor or the
city administrator.
Scope of Policy
This policy prohibits harassment, sexual harassment, and disrespectful behavior by members of the same
or opposite sex. In addition, this policy prohibits any form of harassment or disrespectful behavior by
any individual, inclucling managers and supervisors, employees, co-workers, and third parties such as
clients, elected officials, consultants, contractors, or vendors who interact with employees.
Responding to Disrespectful Workplace Behavior
All employees should feel comfortable calling their supervisor or another manager to request assistance
Page 51 �66
should they not feel comfortable with a situation. If situations involve violent behavior call the police,
ask the individual to leave the area, and/or take other reasonable action.
If employees see or overhear what they believe is a violation of this policy, employees should advise a
supervisor, the cit�- administrator, or human resources promptly.
Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in
one of the way s listed below. If there is a concern about the possibility of violence, the indi�ridual
should use his/her discretion to ca11911, and as soon as feasible, notify a supervisor. In the event the
disrespectful beha�=ior occurring invol�Tes the employee's super�=isor, the employee should contact
human resources, the supen=isor's manager, or the city administrator.
Ste 1 a. If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the
disrespectful behavior how you feel about their actions. Politely request the person to stop the
behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with
you for this discussion.
Ste 1 b. If you fear adverse consequences could result from telling the offender or if the matter is
not resolved by direct contact, go to your supervisor, human resources, your supervisor's supervisor,
or the cin- administrator. The person to whom you speak is responsible for documenting the issues
and for giving you a status report on the matter.
In some situations, such as with an offender from the public it is preferable to avoid one on one
interactions. Talk to your supervisor about available options to ensure there are others available to help
with transactions with the offender.
Ste 1 c. The city urges conduct which is viewed as offensive be reported immediately to allow for
corrective action to be taken through education and immediate counseling, if appropriate. It is vitally
important you notify a supenrisor, the cit�- administrator, or human resources promptly of your
concerns. Any employee who observes sexual harassment or discriminatory behavior, or receives any
reliable information about such conduct, must report it promptly to a supervisor, human resources, or
the citv administrator.
Reporting Harassment including Sexual Harassment
If at any time you feel you are being harassed, you should immediatelv contact:
■ your supervisor; and/or
■ a department director; and/or
■ Human Resources; and/or
■ the city administrator.
The cit�� wants to resolve any problems, but it can do so only if it is aware of them. The city encourages
anyone who believes s/he is being harassed to immediately report all incidents of perceived harassment.
Your report may be verbal or written; in either case, it is important that you state that your report is being
made under this harassment policy, or that it concerns harassment You may choose to whom you mal�e
the report; that choice, however, must be made from the list of individuals named above.
The city will promptly investigate harassment complaints and take appropriate action. Employees found
to have committed harassing acts will be subject to corrective action up to and inclucling termination.
City's Response
Employees who have a complaint of disrespectful workplace behavior will be taken seriously.
Page 52�66
In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations
promptly to human resources or the city administrator, who will determine whether an investigation is
warranted. A supervisor must act upon such a report even if requested othenvise by the victim.
In situations other than sexual harassment and discriminatory behavior, supen=isors will use the
following guidelines when an allegation is reported:
Ste 1 a. If the nature of the allegation and the wishes of the victim warrant a simple intervention, the
supervisor may choose to handle the matter informally. The supervisor may conduct a coaching
session with the offender, explaining the impact of his/her actions and requiring the conduct not
reoccur. This approach is particularly appropriate when there is some ambiguity about whether the
conduct was disrespectfuL The allegation shall be reported to human resources or the city
administrator.
Ste 1 b. Supervisors, when talking with the reporting employee, will be encouraged to ask him/her
what he/she wants to see happen next When an employee comes forward with a complaint, it is
important to note the city cannot promise complete confidentialin-, due to the need to investigate the
issue properly. However, any investigation process will be handled as confidentially as practical and
related information will only be shared on a need-to-know basis and in accordance with the Minnesota
Government Data Practices Act and/or any other applicable laws.
Ste� 2. If a formal in�=estigation is warranted, the indi�ridual alleging a violation of this policy will be
interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial,
and thorough. The person being interviewed may have someone of his/her choosing be present during
the intenriew. Typically, the investigator will obtain the following description of the incident, including
date, time, and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender.
To facilitate fostering a respectful work environment, all employees are encouraged to respond to
questions or to otherwise participate in investigations regarding alleged harassment.
Ste� 3. The supervisor must notify human resources or the city administrator about the allegations.
Ste� 4. In most cases, as soon as practical after receiving the written or verbal complaint, the alleged
policy violator will be informed of the allegations, and the alleged violator will have the opportunity to
answer questions and respond to the allegations. The city will follow any other applicable policies or
laws in the investigatory process.
Ste� 5. After adequate investigation and consultation with the appropriate personnel, a decision will be
made regarding whether disciplinary action will be taken.
Ste� 6. The alleged violator and complainant will be advised of the findings and conclusions as soon
as practicable and to the extent permitted by the Minnesota Government Data Practices Act.
Ste� 7• The city will tal�e reasonable and timely action, depending on the circumstances of the
situation.
The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat �
363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under
this policy and any subsequent investigation does not suspend the one-year statute of limitations
Page 53�66
period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the
Commissioner of the Department of Human Rights.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed anonymit�-. The
person's name and statements may have to be provided to the alleged offender. All complaints and
investigative materials will be contained in a file separate from the involved employees' personnel files.
If disciplinary action does result from the investigation, the results of the disciplinary action will then
become a part of the employee(s) personnel file(s).
Retaliation
Retaliation is strictly prohibited. Retaliation includes, but is not limited to, any form of intimidation,
reprisal, or harassment Individuals who report harassing conduct, participate in in�=estigations, or take
any other actions protected under federal or state employment discrimination laws will not be subject
to retaliation.
Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation,
reprisal, or harassment. While each situation is �=ery fact dependent, retaliation can include a denial of a
promotion, job benefits, or refusal to hire, discipline, negative performance evaluations, or transfers to
less prestigious or desirable work or work locations because an employee has engaged or may engage
in activity in furtherance of EEO laws.
It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action,
deportation or other action with immigration authorities, disparagement to others or the media, and
making false report to go�=ernment authorities because an employee has engaged or may engage in
protected activities. Any individual who retaliates against a person who testifies, assists, or participates
in an investigation may be subject to disciplinary action up to and including termination.
If you feel retaliation is occurring within the workplace, report your concern immediately to your
immediate supervisor, your supervisor's manager, human resources, or the city administrator.
Supervisors who have been approached by employees with claims of retaliation will take the complaint
seriously and promptly report the allegations to the cit�r administrator, or if the complaint is against the
city administrator to human resources, who will decide how to proceed in addressing the complaint.
Consistent with the terms of applicable statutes and cin� personnel policies, the cit�- may discipline any
individual who retaliates against any person who reports alleged violations of this policy. The cit�- may
also discipline any indi�=idual who retaliates against any participant in an investigation, proceeding, or
hearing relating to the report of alleged violations.
Questions About Policy
Any questions about this policy or a related matter should be referred to the city administrator or Human
Resources.
Workplace Violence and Possession of Dangerous Weapons
The city seeks to provide a safe and secure workplace environment for employees, volunteers, vendors,
and citizens. Violence, or the threat of violence, has no place on city premises.
The city is committed to preventing the potential for violence in and around the workplace and to
fostering a work environment of respect and positive conflict resolution.
Page 54�66
Many employees may be exposed to violence by the nature of their jobs. Violence or the threat of
�=iolence by or against any employee or other person while on city premises is strictly prohibited and may
subject the individual to serious disciplinary action and/or criminal charges.
Possession, use, or threatened use of an object that could be considered a dangerous weapon, including
all firearms, is prohibited on city premises, including city vehicles and personal vehicles used for city
business. This includes employees with �Talid permits to carry firearms.
The following e�ceptions to the dangerous weapons prohibition are as follows:
Employees legally in possession of a firearm for which the employee holds a valid permit, if
required, and said firearm is concealed from view within a locked personal vehicle while that
person is working on city property.
A person who is showing or transferring the weapon or firearm to a police officer as part of an
investigation.
Police officers and employees who are in possession of a weapon or firearm in the scope of their
official duties.
The city strives to provide a workplace environment in which all its officials and employees treat each
other, their customers, clients, and all others with courtesy, dignity, and respect.
Drug and Alcohol Policy
Employees are eYpected and required to report to work on time and in appropriate mental and phy sical
condition. It is the city's intent and obligation to pro�=ide a drug-free, safe, and secure work en�rironment.
The cit�� contracts with federal agencies and is subject to the federal Drug-Free `�Uorkplace Act which
places certain requirements on employers to maintain a drug-free workplace. In accordance with the act,
y ou are hereby notified:
The unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance
(including alcohol) is prohibited on city property or while conducting city business. �',� '�-T-`��' ��: �`
� - ���� � ��. Employees violating this prohibition may be subject
to disciplinary action including, but not limited to, suspension or termination, and may have legal
consequences.
Controlled substances include, but are not limited to, opiates, hallucinogenic substances, depressants,
stimulants, and narcotics. The Drug-Free ti�Jorkplace Act prohibits only unla�aful federal use, possession,
or distribution of such drugs in the workplace, and not the lawful use of prescription medications.
The la«-fu1 ' ,.- ,: use of a
controlled substance, includin� ��lcohol and cannabis, is �rohibited on cit�- �ro�ert�
or while conductin� cinr business with an exce�tion for use in the Alcohol Product Sam�ling Polic�
nertaining to munici�al lic�uor store em�lo�ees. Em�lovees violating this �rohibition ma� be subject to
disci�linar�- action includin�, but not limited to, sus�ension or termination.
Employrees taking prescription or over-the-counter dsugs that may affect the safety of others must obtain
a determination from their physician as to whether the drug could affect the job safety of the employee
or others. If job safety may be affected, the employee must inform his or her immediate supervisor so
that appropriate accommodations and arrangements can be made.
Page 55�66
The city recognizes drug abuse as a potential health, safety, and security problem. Employees needing
help in dealing with such problems are encouraged to use the Employee Assistance Plan or their health
insurance plans, as appropriate.
As a condition of continued employment at the city, all employees must:
■ Abide by the terms of this policy; and
■ Notify the employee's supervisor, Human Resources, or cit�- administrator of any criminal drug
statute con�riction arising out of a violation occurring on or off work premises while conducting
cit�r business no later than five days after the conviction.
The cit�r retains the right, at its sole discretion, to report employee conduct violating this policy to law
enforcement officials and to turn over any controlled substances to the custody of law enforcement
officials.
It is the city's continued policy to maintain a drug-free workplace. If you have questions about this policy,
its implementation, or its application to you, please contact the city administrator or Human Resources.
Page 56�66
EXHIBIT A
C ity of E I k Rive r
Fitness Room Policy
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INTRODUCTION
The City of E1k River strongly believes in a philosophy of promoting employee wellness. An employee
wellness program benefits both the employer and employee as well as the community. Healthy employees
tend to be more productive and healthy employees reduce expenditures (i.e. city insurance costs; use of
sick time and its related overtime expenses; etc.).
In the spirit of a healthy workplace, the city provides and outfits a fitness room as one part of a greater
city wellness program.
POLICY
This policy encourages everyone to utilize the wellness room; with respect to limitations of types of
equipment, locker space and workout space.
Employee and Guest
The fitness room is not a health club. Use of this room and equipment is open to all city and municipal
utilities employees, and city council Members. Employees may bring one guest at any one time. Guests
are not allo�ved use of the facilim �vithout the Em�lo�-ee. Guests must be over the age of eighteen (18).
Due to safet�- and insurance issues, no one under the age of eighteen �18) is allowed in the fitness room
under an�r circumstances.
Waiver
All employees who use the fimess room and equipment, and all guests, must sign a release ��aiver orior to
using the fimess room. This is a requirement of the city insurance company.
Available Times
The fimess room is open 24-hours a day, but ,guests are onl�r allowed with an em�lovee.
Lockers and Showers
Lockers and showers are available. Lockers are intended to secure street clothes and valuables while
exercising, not as an extended use. Employees shall leave the locker rooms in a clean, neat condition and
shall not leave personal items in the lockers. Employees should be courteous - keep your time limited in
the locker rooms if others are ��aiting.
The city does not provide towels for the locker room or for use with the equipment.
Miscellaneous Issues
■ Training on the use of the equipment can be arranged in group settings, as necessary.
■ After receipt of a signed agreement, key reader access will be provided to employees who desire
access to the room.
■ Disinfecting supplies are in the fitness room and users must clean equipment after use.
Conduct and Procedures
1. Proper Attire is required at all times including shirts and closed-toe footwear.
2. Foul or Abusive Langua�e is prohibited.
3. Dumbbells, plates, and other equipment must be returned to the proper rack, stand, or location.
4. Dro�ping of Dumbbells or other equipment on the fitness room floor is not allowed.
5. Machines such as exercise bike, treadmill, and stair climber should be powered off after use unless
others are waiting to use it.
6. Disinfecting Su�plies are provided. All equipment should be disinfected after each use.
7. Breakdown of any piece of equipment should be tagged and brought to the attention of a supervisor
as soon as possible.
8. Chalk is allowed if used neatly.
9. Music is allowed if kept at a reasonable level and is powered off when leaving the room.
10. Lights and fans should be turned off when the fitness room is not in use.
Fitness Room
Agreement and Release
The City of E1k River ("City") has made available a fitness and workout facility (the "Facility") for the
exclusive use of city and municipal utilities employees, �u�d city council members ("Em�lo�-ee"�
Em�lo�-ee's ma�- be accom��lnied b�- �one (1) guest «-ho must be 1� �-e�lrs of age or older.
`��e�ee'�. ��City and municipal �e�utilities employees and council members are
responsible for their guest. The undersigned employee and their guest ("Employee") shall be permitted
to make use of the Facility upon the following terms and conditions:
1. Employee agrees to use the Facility onl�r in accordance with rules and regulations adopted by the
City-, in the City's sole discretion.
2. Employee specifically agrees not to use the Facility while under the influence of any mind-altering
drug or chemical, inclucling specifically, but not e�clusively, alcohol of any sort.
3. Employee acknowledges that no instruction as to the use of the Facility or any equipment therein
will be provided by the City. Employee agrees to take sole responsibility to become familiar with the
proper and safe use of any equipment within the Facility.
4. Employee acl�nowledges that certain risks may eYist in the use of fitness and workout equipment.
These risks include injury through defective equipment or improper use of equipment or improper
conduct by Employee or third parties. Employee agrees to release City and its respective officers and
employees from any claim Employee may ha�=e to any incident which occurs in or arises in any way out
of Employee's use of the Facilit�- or any equipment therein including specifically, but not exclusi�rely,
claims for personal injury, death, or property damage. Employee further agrees to indemnify, defend
and hold harmless the city and its officers and employees and agents from claims for personal injury,
death, or property damage for incidents occurring in or about the Facilinr.
5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE SUPERVISED
AND AGREES THAT EMPLOYEE MAI�ES USE OF THE FACILITY AT EMPLOYEE'S OWN
RISK.
6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO ABIDE BY
THE RULES STATED IN THE POLICY.
7. Terms of this l�greement a�l�- ec�uall�- to the guest as to the Em�lo�-ee.
Employee's Signature
Print Name
D ate
EXHIBIT B
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 working in areas where there is a danger of foot injuries due to:
Falling and rolling objects
Objects piercing the sole
Exposure to electrical hazards
Employees required to wear protective footwear include: Street/Parks employees, Wastewater
Treatment Facilin� employees, Building Maintenance employees except custodians, Building Inspectors,
Fire Inspectors, and any cit�- employee required to wear protective footwear as determined by their
supervisor.
Protective Footwear Standard
Must comply with ASTl�1 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 $75 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 exceeding approved allowance is the
responsibility of the employee.
Adopted: May 17,1999
Updated: February 9, 2004
December 2020
August 8, 2023
EXHIBIT C
City of Elk River
Prescription Safety Eyewear Policy
Prescription Safety Eyewear
For those regular employees required to wear eye protection, the city will pay for basic protective eyewear
for single vision, bifocal, and trifocal prescriptions (includes safet�-lenses, standard frame with side
shields, case, and dispensing fee).
The city will provide one (1) complete pair of clear protective industrial safety eyewear every two (2) years
or at the supervisor's discretion due to prescription change or damage resulting from work-related
hazards. "Clear" lenses under this definition will also include lens tints in shades 1 or 2. Transition or
changeable tint lenses that meet OSHA standard 87Z will be allowed.
The e�-e �rotection selected must cle�lrl�- identif�- the m�ulufacturer. �1�- ne�v e�-e �rotecti�Te de�Tices
must com�l�rwith an� of the following: ANSI Z87.1-2010, Ai�SI Z87.1-2003, or ANSI Z87.1-
19�19981 or be at least as effective as this standard rec�ui�es.
All charges relating to eye examinations, optional frame styles, or lens treatments will be the responsibility
of the employee.
Employees shall use only Walman Optical approved providers. A list of approved providers can be found
at www.�X�almanOpticalsafet��e��e�vear.com - under Resources, Find an E�e Doctor. Order
forms are on l�ccess under Safen- Safen- Forms. � � .
Adopted: May 17,1999
Updated: July 18, 2001
September 2014
December 2020
December 2023
c�ty of
Personnel
1
Policy Manual
(Revised August 2008)
(LJpdated August 2010)
(LJpdated June 2012)
(LJpdated September 2014)
(Updated Februar�r 2021)
1�1ini-update August 2023
Updated December 2023
13065 Orono Parkway
Elk River, MN 55330
763.635.1000
"r u e i n E 0 B T
/��'SU�'�
E1kRiverMN.gov
TABLE OF CONTENTS
Introduction..................................................................................................................................................................... I
Employment
EqualEmployment Opportunity ......................................................................................................................2
EmploymentStatus Definitions ....................................................................................................................... 2
WorkRules ..........................................................................................................................................................3
OrientationPeriod ............................................................................................................................................. 3
Minnesota Government Data Practices Act ................................................................................................3
EmployeeRecords Advisory ............................................................................................................................4
MediaRequests ................................................................................................................................................... 4
Personal Communications And Use Of Social Media ................................................................................5
Compensation..................................................................................................................................................... 5
WorkWeek ......................................................................................................................................................... 6
SeniorityPatrol Shift Bid ...................................................................................................................................6
CityHall Summer Office Hours ......................................................................................................................6
Paydays.................................................................................................................................................................. 7
Timekeeping......................................................................................................................................................... 7
Overtime And Compensatory Time For Non-Exempt Employees ........................................................8
CallBack Pay ........................................................................................................................................................9
On-Call Pay ..........................................................................................................................................................9
TimeOff For Exempt Employees ................................................................................................................. I 0
Report Of Employee Information Changes ................................................................................................ I I
PerformanceAppraisals ................................................................................................................................... I I
Attendance......................................................................................................................................................... I 2
Rest/Meal Break ............................................................................................................................................... I 2
EmploymentOf Relatives ............................................................................................................................... I 2
SupplementalEmployment ............................................................................................................................. 12
Separation From Employment
Resignation......................................................................................................................................................... I 4
Termination........................................................................................................................................................ I 4
Retirement.......................................................................................................................................................... I 4
Layoffs.................................................................................................................................................................. I 4
SeverancePay .................................................................................................................................................... 14
ExitInterviews ................................................................................................................................................... 15
Leave Benefits
VacationLeave ................................................................................................................................................... 16
40/40/40 Vacation Payout Option .............................................................................................................. I 67
SickLeave ........................................................................................................................................................... I 8
EarnedSick and Safe Time ............................................................................................................................189
SickLeave Donation .........................................................................................................................................22
HolidayLeave ....................................................................................................................................................22
FamilyAnd Medical Leave ...............................................................................................................................23
FMLA — Qualified Exigency And Military Caregiver Leave .....................................................................27
ParentalLeave ....................................................................................................................................................30
Pregnancy And Parenting Leave ....................................................................................................................30
AdoptiveParents ..............................................................................................................................................3 I
NursingMothers ...............................................................................................................................................31
PregnancyHealth Conditions ........................................................................................................................3 I
School Conference Leave Policy ...................................................................................................................31
Bone Marrow Donation Leave ......................................................................................................................32
MilitaryLeave .....................................................................................................................................................32
Jury Duty Leave And Court Appearances ..................................................................................................33
VictimOr Witness Leave ...............................................................................................................................33
BereavementLeave ..........................................................................................................................................33
GeneralLeave ....................................................................................................................................................33
Voting, Election Judge. and Delegates Leave ..............................................................................................34
AdministrativeLeave ........................................................................................................................................34
AthleticLeave ....................................................................................................................................................34
General Benefits
Insurance.............................................................................................................................................................35
Retirement/PERA .............................................................................................................................................. 35
Employee Development/Tuition Reimbursement .....................................................................................35
EmployeeWellness ..........................................................................................................................................36
General Policies
Smoking, Vaping, And Tobacco Policy .........................................................................................................37
AppearanceAnd Dress ...................................................................................................................................37
Electronic Communication Devices .............................................................................................................37
TelephoneUse ..................................................................................................................................................37
Ipad/Tablet Device ............................................................................................................................................37
EmailAnd Voicemail Use ................................................................................................................................38
InternetAccess And Use ................................................................................................................................38
BandwidthConservation .................................................................................................................................38
PasswordPolicy .................................................................................................................................................38
TravelExpenses ................................................................................................................................................ 38
KeysAnd Security ............................................................................................................................................39
Personal Use And Disposal Of City Property ...........................................................................................39
UseOf City Vehicles ........................................................................................................................................39
ResidentComplaints ........................................................................................................................................39
EmergencyClosing ...........................................................................................................................................40
Employee Participation In The City Fire Department .............................................................................40
Employee Participation In The Police Reserves ........................................................................................41
PoliticalActivity .................................................................................................................................................41
Candidacy...........................................................................................................................................................41
Labor Relations
Communication.................................................................................................................................................42
Discipline.............................................................................................................................................................42
GrievanceProcedure .......................................................................................................................................44
Safety
Safety..................................................................................................................................................................45
Safety Equipment Reimbursement ................................................................................................................46
IncidentReporting ............................................................................................................................................46
Workers' Compensation ................................................................................................................................46
Conduct
EthicsOf Public Employment .........................................................................................................................47
AcceptingGifts ..................................................................................................................................................47
EmployeeEndorsements .................................................................................................................................47
ConflictOf Interest ..........................................................................................................................................47
WhistleblowerProtections ............................................................................................................................47
Sexual Harassment And Respectful Workplace ........................................................................................48
Workplace Violance And Possession Of Dangerous Weapon ..............................................................52
DrugAnd Alcohol Policy ................................................................................................................................53
FitnessRoom Policy ...................................................................................................................................... Appendix A
FootProtection Policy ...................................................................................................................................Appendix B
Prescription Safety Eyewear Policy ............................................................................................................Appendix C
Introduction
This policy manual contains personnel policies and procedures for Cit�- of Ell� River employees.
The cit�� strives to provide an efficient sy stem of personnel administration and this policy manual serves
as a guide for administrative actions concerning city personnel matters. It is not a contract between the
cit�r and its employees. The manual attempts to cover general matters and does not cover every situation
that may arise.
Other than any applicable collective bargaining agreement, this policy manual replaces and supersedes all
prior manuals, memos, and any other written or oral statements of employment policies and procedures.
Manuals and policies that provide department specific information remain in effect.
E�cept as provided by statute or applicable collective bargaining agreement, employment of all city
employees is at-will. At-will means both the city and its employees have the right to terminate
employment at any time, with or without cause or notice.
No representative of the city has the authority to alter the at-will nature of an employee's employment
except the City Council by approval of a written contract of employment executed by the city. No
employee has a protectable property interest in his or her employment with the city.
The policies in this manual shall apply to all employees unless specifically exempted by the City Council.
Consultants rendering professional services on a fee basis are not considered city employees.
The city may add to, modify, or revise portions of this manual as the city deems appropriate, with or
without prior notice.
This manual may be superseded to the extent that it is inconsistent with state or federal statute, a
collective bargaining agreement entered between the city and its employees, or a written contract of
employment signed by the city.
Page I �63
Employment
Equal Employment Opportunity
The City of E1k River is committed to providing equal opportunity in all areas of employment, including
but not limited to recruitment, hiring, demotion, promotion, transfer, selection, lay-off, disciplinary
action, termination, compensation, and selection for training. The city will not discriminate against any
employee or job applicant on the basis of race (including traits associated with race, including, but
not limited to, hair texture and hair st�Tles such as braids, locs and twists), color, creed, religion,
national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age,
marital status, genetic information, status with regard to public assistance, veteran status, familial status,
or membership on a local human rights commission, or lawful participation in the Minnesota Medical
Cannabis Patient Registry.
The city prohibits discrimination against or harassment of any employee or job applicant on the basis of
protected class status. Employees who participate in discrimination in violation of this policy are subject
to discipline up to and including termination. Retaliation against any employee for making a complaint
under this policy or assisting with investigations of complaints made under this policy is also strictly
prohibited.
Any person who feels that s/he has been discriminated against should contact the city administrator or
Human Resources.
Employment Status Definitions
Full-Time - A regular work schedule consisting of 2,080 hours per year.
Part-Time - A regular work schedule of less than 2,080 hours per year, generally o�Ter the 12 months.
Orientation Period - First six months of initial employment, follo��ing a promotion, reassignment or
transfer.
Probationary Period — Period of time as defined in a union contract. For paid on-call firefighters, the
probationary period is the first twelve (12) months of initial employment.
Re ular - An employee who has completed his or her Orientation or Probationary Period and works a set
schedule.
Seasonal - A position assigned to work part of the year, typically not for more than one hundred ttventy
(120) days in any consecutive 12-month period.
Tem�orar� - A part- or full-time position scheduled to work with a defined start and termination date or
duration of a special project T`he position generally does not qualify for benefits.
Elected or A�ointed Official - A person elected as mayor or council member, or a person appointed by
the mayor and council to serve on a city commission or board.
Aoolicant - Any person applying for a paid or �rolunteer position.
Page 2�63
Work Rules
In accepting employment with the City of Elk River, employees become representatives of the city and
are responsible for assisting and serning the residents for whom they work. Employ ees shall e�ibit
conduct that is ethical, professional, responsive, and of standards becoming of a city employee. To
achieve this goal, employees must adhere to established policies, rules, and procedures and follow the
instructions of their supenrisors.
All City of Elk River employees are expected to meet the following job requirements:
■ Always perform assigned duties satisfactorily and to the best of their abilities.
■ Always render prompt and courteous service to the public as appropriate.
■ Read, understand, and comply with the rules and regulations as set forth in these Personnel
Policies as well as those of their departments.
■ Conduct themselves with decorum toward both residents and staff and respond to inquiries and
information requests with patience and courtesy.
■ Report all unsafe conditions to the immediate supervisor.
■ Maintain good attendance.
Orientation Period
The Orientation Period is an integral part of the employment process in which the city and the new
employee should consider whether the employment is mutually satisfactory.
The Orientation Period consists of the first six (6) months of employment. During the period, the city
will observe the employee's work to determine whether the employee demonstrates s/he is qualified for
the position to which s/he was appointed. Performance, skills, abilinr, and other factors observed and
demonstrated during the period are evaluated by the employee's supervisor. If the employee does not
meet established standards, and there is reason to believe, in the city's sole discretion, that a longer review
period is needed, the Orientation Period may be extended to a total of 12 months.
New employees are not allowed to take vacation leave during their Orientation Period unless approved
by the city administrator or approved before hire.
Upon completion of the Orientation Period, the employee will become a Regular employee and are
eligible to use vacation leave. This does not imply employment is permanent.
Employees promoted or appointed to new positions must successfully complete a si�-month Orientation
Period. If found during the orientation to be unsuited for the position, the cit�-, at its sole discretion, may
reinstate the employee to his/her former position and former rate of pay. Reinstatement is not
guaranteed.
Employees taking a leave of absence during the Orientation Period will have their Orientation Period
paused and begin where they left off when they return from leave.
Minnesota Government Data Practices Act
Pursuant to the Minnesota Govern�neszt Data Practices Act (DPA) data is categorized as private, non-public, or
confidential. All data is public unless classified otherwise. In many circumstances, data may not be
disclosed e�cept with authorization of the subject of the data or pursuant to court order. In compliance
with the DPA, employees are strictly prohibited from disclosing to a third party, within or outside the
Page 3�63
cit�r, any personnel data, data relating to pending civil legal actions, or any other data that might be
classified as private, non-public, or confidential, without the cit�- administrator's express authorization.
The City Council appoints the city administrator as the responsible authority to administer the
requirements for collection, storage, use, and dissemination of data. Refer to the city's Guidelines and
Procedures for the l��innesota Government Data Practices Act for additional information.
Employee Records Advisory
Employee records are maintained in a location designated by the city administrator. Personnel data is
retained in personnel files, finance files, and benefit/medical files. Information is used to administer
employee salary and benefit programs, process payroll, complete state and federal reports, document
employee performance, etc.
Employees have the right to kno�� what data is retained, where it is kept, and how it is used. All employee
data will be received, retained, and disseminated according to the DPA.
Media Requests
All cit�r employees have a responsibility to help communicate accurate and timely information to the
public in a professional manner. Requests for private data or information outside of the scope of an
indi�riduaPs job duties should be routed to the appropriate department or to the data practices authority.
Any employee who identifies a mistal�e in reporting should bring the error to the city administrator or
appropriate staf£ Regardless of whether the communication is in the employee's official city role or in a
personal capacity, employees must comply with all laws related to trademark, copyright, software use, etc.
Except for routine events and basic information readily available to the public, all requests for interviews
or information from the media are to be routed through the city administrator. No city employee is
authorized to speak on behalf of the cit�r without prior authorization from the cit�r administrator or
his/her designee. Media requests include an5-thing intended to be published or viewable to others in some
form such as tele�=ision, radio, newspapers, newsletters, social media postings, and websites. When
responding to media requests, employees should follow these steps:
If the request is for routine or public information (such as a meeting time or agenda), provide the
information and notify the cit�r administrator of the request.
If the request is regarding information about cin� personnel, potential litigation, controversial
issues, an opinion on a cit�r matter, or if an employee is unsure if the request is a"routine"
question, forward the request to the city administrator.
All news releases concerning city personnel will be the responsibility of the city administrator.
When the city administrator authorizes an employee to communicate on behalf of the city in interviews,
publications, news releases, on social media sites, and related communications, employees must:
• Identify themselves as representing the city. Account names on social media sites must be clearly
connected to the city and approved by the city administrator.
• Be respectful, professional, and truthful when providing information. Only factual information
(not opinions or editorial comments) shall be provided. Corrections must be issued when
needed.
• Generally, not include personal opinions in official cit�r statements. Employees who have been
Page 4�63
approved to use social media sites on behalf of the city should seek assistance from the cit�-
administrator on this topic.
Notify the city administrator if they will be using thear personal technology (cell phones, home
computer, cameras, etc.) for city business. Employees should be aware that data transmitted or
stored may be subject to the Minnesota Government Data Practices Act.
Personal Communications and Use of Social Media
It is important for employees to remember that their personal communications may reflect on the cit�r,
especially if employees are commenting on cit�� business or commenting on issues that implicate their cit��
employment. As city representatives, employees share the responsibilit�r of earning and presenring the
public's trust in the cin-. An employee's own personal communications, such as on social media, can have
a significant impact on the public's belief that all city staff will carry out city functions faithfully and
impartially and without regard to factors such as race, sex/gender, religion, national origin, disability,
sexual orientation, or other protected categories. Nonpersonal communications (performed within one's
job duties) to members of the public must always be professional. The following guidelines apply to
personal communications, including various forms such as social media (Facebook, Twitter, blogs,
YouTube, etc.), letters to the editor of newspapers, and personal endorsements:
Do not share private or confidential information you have access to as a result of your city
position.
Any personal communications made on a matter of public concern must not disrupt the
efficiency of the cit�-'s operation, including by negatively affecting morale. Public comments must
not undermine any cit�- department's abilin- to effecti�=ely serve the public. Disruptive personal
communications can include liking or republishing (sharing/retweeting) a social media post of
another individual or entinr. The city can act on the personal communication that violates this
policy without waiting for the actual disruption.
Remember what you write, or post cannot easily be undone. It may also be spread to a larger
audience than you intended. Use common sense when using email or social media sites. It is a
good idea to refrain from sencling or posting information or photos you would not want your
boss or other employees to read, or you would be embarrassed to see in the newspaper. Keep in
mind harassment, bullying, threats of violence, discrimination, or retaliation concerning a co-
worker or between co-workers that would not be permissible in the workplace is not permissible
online, even if it is done after hours, from home and on home computers.
■ The city expects its employees to be fair, courteous, and respectful to supervisors, co-workers,
citizens, customers, and other persons associated with the city. Avoid using statements,
photographs, video, or audio that reasonably may be �riewed as malicious, obscene, threatening
or intimidating, disparaging, or might constitute harassment or bullying.
■ If you publish something related to city business and there is potential for confusion whether
you are speaking on behalf of the cin-, it would be best to identify yourself and use a disclaimer
such as, "These are my own opinions and do not represent those of the City of Elk River."
■ Cin� resources, work time, or official cin� positions cannot be used for personal profit or business
interests, or to participate in personal political activit�r.
■ Personal social media account name or email names should not be tied to the city.
Compensation
Employees will be compensated according to the compensation plan approved by the City Council. The
city will de�=elop and maintain a compensation plan for all positions in accordance with federal and state
laws. This plan may be reviewed and changed periodically at the sole discretion of the city.
Page 5�63
Under the Minnesota Wage Disclosure Protection law, employees have the right to tell any person the
amount of their own wages. While the Data Practices Act (l��inn. Stat. �13.43), specifically lists an
employee's actual gross salary and salary range as public personnel data, l�tinnesota law also requires wage
disclosure protection rights and remedies to be included in employer personnel handbooks. To that end
and in accordance with Minn. Stat �181.172, employers may not:
■ Require nondisclosure by an employee of his or her wages as a condition of employment.
■ Require an employee to sign a waiver or other document which purports to deny an employee
the right to disclose the employee's wages.
■ Take any adverse employment action against an employee for disclosing the employee's own
wages or discussing another employee's wages which have been disclosed voluntarily.
■ Retaliate against an employee for asserting rights or remedies under Minnesota Statute �181.172,
subd. 3.
The city cannot retaliate against an employee for disclosing his/her own wages. An employee's remedies
under the `�Jage Disclosure Protection law are to bring a civil action against the city and/or file a
complaint with the 1�linnesota Department of Labor and Industry at 651.284.5070 or 800.342.5354.
Work Week
Work schedules will be established by the appropriate department director with the approval of the citt-
administrator. The regular workweek for regular full-time employees is forty (40) hours per week. The
regular workweek for regular part-time employees is less than 40 hours per week. Unless otherwise
provided, the normal workday will begin at 8:00 a.m. and end at 4:30 p.m. The normal workweek will
consist of five consecutive workdays, Monday through Friday.
Employees shall account for each hour of their work week by working or utilizing leave time. (See Leave
Benefits below) Employees shall not take time off without pay unless it falls within the leave benefits
provided.
Flextime arrangements must be approved by the department director and cit�r administrator. The
department director or cit�r administrator may deny requests for flextime at their sole discretion. Flextime
arrangements shall not negatively affect service levels. Employees with flextime arrangements may be
asked to adjust their schedules periodically or to discontinue flextime to accommodate vacations, sick
leave, or other issues within the department.
Seniority Patrol Shift Bid
The Chief of Police or their designee shall post the seniorit�- patrol shift bid for the following year on
the second Monday of October. Patrol officers and patrol sergeants shall have until October 31 st to
complete their shift bids.
City Hall Summer Office Hours
Summer Office Hours shall be the period between the Sunday preceding Memorial Day and the Saturday
preceding Labor Day.
City Hall Summer Office Hours shall be staffed as follows:
7:30 a.m. to 5:00 p.m. Monday — Thursday
7:30 a.m. to Noon, Fridays
Page 6�63
All Cit�- Hall customer service desks shall be staffed and all City Hall services will be a�=ailable during the
period of Summer Office Hours.
Employee Schedule
Supervisors shall set a schedule with their employees for the Summer Office Hours period or review a
schedule with their employees at the beginning of each work week.
Employees working 7:30 a.m. to Noon on Friday shall work one 8.5-hour day another day of the same
week.
Summer Office Hours shall not create overtime for any non-exempt employees.
Flextime Arrangements
Employees appro�=ed to work a flextime arrangement shall determine their Summer Office Hours
flextime arrangement with their supervisor prior to the beginning of Summer Office Hours period.
Employee Leave
All City Hall employees taking leave on a Friday during the Summer Office Hours period shall tal�e four
(4) or four and one half (4.5) hours leave for that day depending on their Summer Office Hours schedule.
All City Hall employees taking leave on a Monday through Thursday shall take eight and one half (8.5) or
nine (9) hours of leave for each day depending on their Summer Office Hours schedule.
Bereavement leave is explained in the BereavementLeave section of this manual.
Holidays
For holiday s that fall on Monday through Thursday, eight (8) hours of holiday shall be paid and one (1)
hour of vacation or compensatory time shall be used or one (1) additional hour of work may be
performed on another day of the same work week with department director approval.
For holidays that fall on Friday, employees will take four (4) or four and one half (4.5) hours of holiday
time and utilize their remaining four (4) or three and one half (3.5) hours of holiday time, with supervisor
approval, at another time during the same pay period.
Paydays
As provided by Minnesota law, all employees are required to participate in direct deposit. Employees will
be paid biweekly on alternate Fridays, adjusted according to bank holiday schedules.
Timekeeping
An accurate record of hours worked, and any leave time used by nonexempt employees is necessary to
comply with the provisions of the federal and state Fair Labor Standards Acts. Ell� River utilizes different
t�-pes of timekeeping systems.
Employees using a schedule-based electronic timekeeping system have work schedules that are set by
supervisors before each work period. Any deviation to an employee's work schedule shall be immediately
updated in the timekeeping system. It is the employee's responsibility to ensure their time records are
maintained accurately. Your finalized work schedule and approved exceptions signifies physical approval
of your time record per FLSA and state statutes.
Page 7�63
Non-exempt employees utilizing a timesheet-based timekeeping system shall record their hours worked
each day. Requests for time off shall be made and approved prior to the time of£ If time off is
unscheduled, the request and approval shall be made as soon as practicable but no later than the end of
the pay period. Submission of timesheets acknowledges accuracy of your time record per FLSA.
Employees utilizing a kiosk to punch in and punch out are responsible to punch in at the beginning of
each shift and punch out at the end, and to notify their supervisor immediately of any missed punches or
other errors in their time record. Requests for use of Earned Sick and Safe Time (ESS"I) shall be made
through the HRIS sy stem.
Exempt employees are paid a set salary each pay period and do not record hours worked. Exempt
employees utilizing paid leave time shall request leave time and receive approval through the time keeping
system prior to the leave being taken. Submission of timesheet acknowledges accuracy of paid time off.
Time off and overtime requests shall be made by the employee through the timekeeping sy stem and shall
be approved or denied by the supervisor through the timekeeping system. Requested leave (vacation or
compensatory time) must be submitted to supervisors through the timekeeping system with as much
advance notice as possible. Leave requests are not final until appro�red by the supervisor in the
timekeeping sy stem.
Employees are provided secure access to their time records and shall not share their password with co-
workers. All employees are responsible to ensure their time records are accurate.
The hours reflected in the timekeeping system are the hours emplo�rees will be paid for each pay period.
It is the employee's responsibility to monitor their hours to ensure they accurately reflect the hours
worked. If the employee feels there is a discrepancy, it is their responsibility to bring it to the attention of
their supervisor. Supervisors are responsible to ensure employees are maintaining their time records
accurately.
Reporting false information is a crime and shall result in disciplinary action up to and including
immediate termination.
Overtime and Compensatory Time for Non-Exempt Employees
The City Council considers and approves projected overtime e�penses in the annual budget process.
Department directors and division managers must manage overtime costs in accordance with their
budget and exceptions must be communicated in writing to the cit�r administrator.
Overtime
All employees may be required to work overtime as requested by their supervisor. Refusal to work
overtime as requested may result in disciplinary action. Supervisors will make reasonable efforts to
balance the personal needs of their employees when assigning overtime work.
All overtime must be authorized in ad�=ance by the employee's supervisor. An employee who works
overtime without prior appro�=al 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 city complies with applicable state and federal laws governing accrual and use of overtime. Only
employees to whom the overtime provisions of the state and/or the federal FLSA apply are required to
Page 8�63
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 b�r the FLSA (29 U.S.C. � 207(k)).
Vacation time, compensatory leave hours taken, holida�- time off (pursuant to the Holidays policy below),
berea�-ement, and sick and ESST lea�-es generally will count toward "hours worked" for non-exempt
employees.
Compensatory Time
Overtime compensation will be paid for overtime hours, unless the employee and department director
mutually agree in advance of performance of the work that the overtime will be banked as compensatory
time in lieu of overtime compensation.
Employees may request and use compensatory time off in the same manner as other leave requests.
Compensatory time must be marked as such on timesheets, both when it is earned and used. Overtime
hours not specified as compensatory time will be paid with overtime compensation. Finance maintains
compensatory time records.
Employees may accumulate and "bank" up to 40 hours of compensatory time. As compensatory time off
is utilized, additional compensatory time may be banked, not to exceed 40 hours. Overtime earned after
40 hours of banked compensatory time will be paid at the overtime rate. No more than forty (40) hours
of compensatory time may roll over from one calendar year to the next.
Upon termination of employment, employees will be paid for all accrued but unused compensatory time.
Call Back Pay
Employees called to work on an unscheduled or emergency basis shall receive a minimum of two (2)
hours overtime pay for returning to their designated work location and performing duties associated with
the event requiring the call-back. Call Backs resulting in work beyond two (2) hours will be paid
according to the actual time worked by the employee calculated to the nearest 15-minutes at regular or
overtime pay depending on the number of hours worked for the week.
Employees who can respond to a Call Back remotely without returning to their designated work area
using electronic means to address problems/concerns will be compensated with 15-minutes of pay at
regular or overtime pay depending on the number of hours worked for the week. Extended or continual
problems/concerns resulting in excessive remote monitoring will be evaluated for compensation by the
supervisor and administration.
Overtime pay for holidays is explained in the Holiday.r section of this manual.
On-Call Pay
Employees may be assigned by the city to respond on short notice to render senrice outside of their
regularly schedule work shift.
Wastewater operators in an on-call status, must carry the city-issued iPad (or compatible smart phone) to
perform diagnostic re�riew of alarm conditions, report to and perform required duties on the wastewater
Page 9�63
sy stem on Saturday, Sunday, and paid holidays that fall within their assigned week.
Establishment of an on-call schedule shall be at the discretion of the supervisor based on the needs of
the city. Scheduled on-call time shall be distributed as equally as practicable. On-call schedules shall be
posted in the workplace at least two (2) weeks prior to initiation of the on-call schedule.
The weel�ly on-call period begins and ends on Monday mornings at 8:00 a.m.
Expectations of employees on call:
■ Employees shall be available for response outside of scheduled work hours when in an on-call
status.
■ Wastewater employees in an on-call status shall report to work within thirty (30) minutes of
phone call attempt from their supervisor, emergency dispatch, or from an alarm condition
reported through an electronic control monitoring program.
■ Non-wastewater employees in an on-call status shall report to work within fort�r-five (45)
minutes of phone call attempt from their supenTisor, emergency dispatch, or from an alarm
condition reported through an electronic control monitoring program.
■ Employees shall be prohibited from chemical impairment when in an on-call status. Chemical
impairment is defined as a mental or phy sical state which would be illegal to operate a vehicle or
equipment consistent with the position description.
■ Employees may request vacation or compensatory time off when on-call with prior supervisor
approval and are responsible for finding another employee to assume their shift.
■ In the event of an unforeseen circumstance (family emergency, accident, etc.) which prevents an
on-call response, the employee shall notify his/her supervisor as soon as reasonably possible.
o An employee missing an on-call response shall be removed from on-call status until his
super�=isor is properly notified by the employee of his/her availabilit�- to return to on-call
status.
Employees assigned to positions within a collective bargaining unit shall receive on-call pay in accordance
with the articles listed within their respective labor agreements. Non-exempt employees in positions
outside of a collective bargaining unit shall receive on-call pay in accordance with the Compensation Plan
for Non-Organized Employees. Employees failing to respond as detailed above while in a paid on-call
status will not receive on-call pay for that day and will be subject to discipline. When an on-call employee,
through notice as detailed above, returns to work and/or renders sen=ice on behalf of the cit��, they shall
be compensated in accordance with the Call-Back Pay policy as defined above.
Time off for Exempt Employees
Positions classified as Exempt do not qualify for overtime compensation per the FLSA. Exempt
employees are expected to work the hours necessary to meet the performance e�pectations outlined by
their supervisors, the city administrator, and the City Council. Generally, to meet these expectations, an
exempt employee is often required and expected to work in excess of forty (40) hours per week.
Exempt employees are required to use paid leave when on personal business or away from the office for
a significant part of the workday. Based on supervisor's discretion, absences of a few hours do not
require the use of paid leave as it is presumed that the employee works more than 40 hours per week.
Exempt employees shall communicate their absence to the cit�r administrator or his/her designee.
Personal time off shall not be on a one-for-one basis with e�cess hours worked.
Page 10�63
If an exempt employee is regularly absent from work under this policy and it is found there is excessive
time away from work that is not justified, the situation will be handled as a performance issue.
If it appears that less than forty (40) hours per week is needed to fulfill the position's responsibilities, the
position will be reviewed to determine whether a part-time position will meet the needs of the city.
Additional notification and approval requirements may be adopted by the cit�� administrator for specific
situations as determined necessary.
Report of Employee Information Changes
The city attempts to maintain complete and accurate employee information and complies with data
privacy laws. It is important that your permanent personnel records are kept accurate and up to date.
Immediately notify Human Resources when there is a change in any of the following:
■ Name (through marriage or otherwise)
■ Address
■ Marital status
■ Number of children
■ Beneficiaries for life insurance and retirement
■ Telephone number
■ Person to contact in case of emergency
■ Other changes which may affect benefits co�=erage
Many changes can and should be made by the employee directly in the Human Resources Information
System.
Performance Appraisals
Performance appraisals are an opportunity for employees, supervisors, and the city to assess employee
job performance. The performance appraisal system is designed to:
■ Ensure that quality services are provided to the public at the least possible cost.
■ Motivate and develop employees to their fullest potential.
■ Clarify roles and mutual expectations of supervisors and employees.
■ Promote open and ongoing communication between employees at all le�rels, including feedback
from suborclinates to supenrisors.
■ Assist in determination of whether employees are meeting the established performance standards
for their position.
Performance appraisals generally will be maintained in the employee's electronic personnel file.
Immediate supervisors will conduct performance appraisals annually and may conduct formal or informal
performance appraisals more frequently if necessary or prescribed by the city administrator or the
department director. The performance appraisal usually will be in writing and must be acl�nowledged by
the employee and supervisor. Acl�nowledgement of the performance appraisal document by the
employee recognizes that the review has been discussed with the supervisor and does not necessarily
constitute agreement. Failure to acknowledge the document by the employee will not delay processing.
Employees do not have the right to change or grieve their performance appraisal but may submit a
written response which will be included in the employee's profile.
Page II �63
Attendance
Every employee has an important role in maintaining a productive workplace. Therefore, it is essential
that all employees report to work every day as scheduled. Unsatisfactory attendance, including reporting
late to work and leaving work early may result in disciplinary action up to and including discharge.
If an employee must be absent from work for any reason, other than approved time off, s/he must notify
his/her immediate supervisor at least thirty (30) minutes prior to the start of his/her normal working
hours. If an emergency prevents the employee from notifying his/her supervisor at such time, the
employee must call his/her immediate supervisor as soon as possible during the workday.
Rest/Meal Break
Non-exempt, full-time employees shall receive a paid rest breal� not to exceed fifteen (15) minutes away
from job duties on one occasion during each four (4) hour work shift. Part-time employees shall receive a
paid rest break not to exceed fifteen (15) minutes during a work period of four hours.
Rest breaks cannot exceed fifteen (15) minutes, including the time required to get to and from a rest
break area.
All employees scheduled to work eight (8) or more hours per shift are required to take a half-hour,
unpaid meal break.
Employees of Northbound and Westbound Liquor are required to stay "on duty" in the building and be
reachable by other employees should their assistance be required during their break. In consideration of
this, Northbound and Westbound Liquor employees are paid during their break time.
Employees may not purposely miss rest breaks in order to accumulate time to leave early at the end of
the day; all rest breaks and meal breaks must be taken.
Employment of Relatives
All employees are hired as the most qualified candidate based on qualifications, skills, and abilit�-.
Employment is not restricted to more than one member of a family (including spouse, children, parents,
siblings, in-laws, or other immediate relative). No family member will be hired where:
■ One family member would have the authority or practical power to supervise, appoint, remove,
or discipline the other.
■ One f�unily member would be responsible for auditing the work of the other.
■ Circumstances exist which would place the family member in a situation of actual or reasonably
foreseeable conflict between the city's interests and their own.
■ The family member has a relative employed by an organization with whom the cinr has business
dealings and in the city's judgment the position and job responsibilities of both the employee and
family member would create an appearance of improper influence or favor or would jeopardize
the confidentiality of data maintained by the city.
Supplemental Employment
Elk Ri�=er does not restrict employees from engaging in outside employment. Howe�=er, regular, full-time
employees are expected to consider cit�- work their primary employment. Employees may not engage in
outside employment that interferes with the performance of one's city duties, that represents a conflict of
interest, or that may influence or bias an employee's job-related decision-making ability.
Page 12�63
The cit�r will not adjust work hours to facilitate the scheduling of outside employment If a supervisor
believes an employee's outside employment is detrimental to the city and his/her position, the employee
may be asked to discontinue the outside employment If an employee is asked to discontinue outside
employment and fails to do so, s/he may be subject to discipline up to and including termination.
Page 13�63
Separation from Employment
Resignation
The purpose of proper notice is to ensure an orderly transition of responsibilities and open work items.
Holiday s or the use of vacation, sick, or compensatory time may only be approved by the city administer
to be considered proper notice. Employees are not eligible for pay increases after resignation has been
given.
With proper notice, the employee will be compensated for any accrued, unused vacation time. If eligible,
s/he may also be compensated for a portion of banked sick leave as stated in the Severance Pay Section of
this policy manual.
Proper notice must be submitted in writing to the employee's supervisor. Employees working a typical
Monday through Friday schedule must provide notice at least ten (10) working days prior to the
separation date. Department directors must provide a twent�- (20) working day notice. Employees
working a shift schedule that may include weekends and e�=enings shall provide a fourteen (14) calendar
day notice.
Non-exempt employees will be compensated for any accrued but unused compensatory time as of the
date of separation.
An unauthorized absence from work for a period of three (3) or more working days may be considered a
resignation without proper notice.
Failure to comply with this notice procedure may be considered reason for denying an employee future
employment with the city.
Termination
Employees terminated from employment have no right or expectation of payment of accrued vacation,
sick, and/or holiday leave time.
Retirement
Employees who retire from employment must follow the Resignation policy above and may be eligible
for retirement programs as provided by state or federal law.
Layoffs
The City Council has the authorit�- to lay off any employee when such action becomes necessary as
determined in the city's sole discretion. The city will attempt to provide a ten (10) worl�ing day notice
prior to a layoff.
Severance Pay
An employee resigning employment may be eligible for a cash payment for a portion of unused sick
leave. For the purpose of this section, sick leave is the combination of an employee's sick leave bank
and Earned Sick and Safe Time (ESS"I� bank. Accrual for the year of payment shall be based on 3.6924
or 2.4616 hours per pay period, whichever is applicable to employee. To receive a severance payout,
the following conditions shall be met:
Page 14�63
■ The employee must earn sick leave per the Sick Leave policy below; and
■ 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.
Payment shall be based on the consecutive years of leave-eligible service completed by the employee
and his/her accrued sick leave balance. Pa��ment shall be at the rate of pa�� when the resignation is
submitted.
For Emplo�-ees hired before August 8, 2023, and completing two (2) years of consecutive service, the
severance payment is calculated at fift�� percent (50%) of the accumulated sick leave balance up to a
ma�mum paid of four hundred eighty (480) hours.
Employees hired August 8, 2023, or later, and completing five (5) years of consecutive service, will
receive a payout as outlined below:
5-9 consecuti�re years of service 40% of up to 960 hours
10 or more consecutive �-ears of service 50% of up to 960 hours
An employee retiring with PERA benefits after completing fifteen (15) years of consecutive service
with the Cit�� of Elk River will receive payout as out]ined below. Payout above 50% will be made in
accordance with the Release of Claims Agreement or following confirmation of PERA Retirement,
whichever is later.
15-19 consecutive years of service 60% of up to 960 hours
20-24 consecutive years of senrice 65% of up to 960 hours
25-29 consecutive �rears of service 70% of up to 960 hours
30-32 consecuti�re ��ears of ser�rice 75% of up to 960 hours
33 or more consecutive 5-ears of ser�rice 80% of up to 960 hours
Accumulated leave in excess of nine hundred sixty (960) hours is not eligible for a se�=erance payment.
Sick leave shall continue to accumulate in e�cess of nine hundred si�ty (960) hours to be used in
accordance with the Family Medical Leave Act.
Due to unforeseen circumstances and in his/her sole discretion, the cit�- administrator may grant
exceptions to provide partial payout prior to five (5) years of service.
Exit Interviews
Human Resources shall conduct a brief intervie�� with each employee separating from city employment.
The intenriew seeks to identify employee morale trends triggered by policy concerns,
management/communication gaps, worl�load levels, and the general workplace environment.
Page 15�63
Leave Benefits
The city provides leaves of absence according to the following policies. A Kegue.rtforL.cave ofAb.rence form
must be completed for foreseeable leaves other than vacation. Forms are available on Access Elk River or
from Human Resources. When possible, advance notice of a leave should be provided to the employee's
department director so work schedules can be adjusted accordingly.
Depending upon an employee's situation, more than one form of leave may apply during the same
period (e.g., the Family and Medical Leave Act is likely to apply during a workers' compensation
absence). An employee will need to meet the requirements of each form of leave separately. Leave
requests will be evaluated on a case-by-case basis.
Employees shall record worked hours or use only one type of paid leave for each scheduled work hour.
Time off without pay is not allowed outside of the leave policies below.
Except as otherwise stated, all paid time off taken under any of the cit��'s lea�=e programs must be taken
consecutively, with no intervening unpaid leave. The city will provide employees with time away from
work as required by state or federal statutes if there are requirements for such time off that are not
described in the personnel policies.
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 �=acation benefits.
Vacation leave is accrued based on consecutive years of leave-eligible service. To determine an
employee's vacation accrual rate, years of service will include all continuous time the employee has
worked at the city 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.
EmploSrees hired after Januar5r 1, 2021, shall accrue 120 working hours per year at the start of eligible
emplo�rment through the completion of their ninth (9Ti�) �rear. Effective August 8, 2023, these employees
may not carry more than 120 hours forward to the next calendar year but may carry more than 120 hours
during a ��ear.
Employrees with fewer than eight (8) years of service as of January 1, 2021, who elected to reduce theas
annual carryover rate in return for the reduced annual accrual may carry more than their annual accrual
amount of vacation leave during a year but, effecti�=e August 8, 2023, may not carry more than their
annual accrual amount forward to the next calendar year. For the purpose of this policy, annual accrual
amount is defined as the Accrual Rate hours listed belo�v that reflect the Length of Service of the
employee at the end of the calendar year.
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 over rate:
Page 16�63
Length of Service
From start of eligible employment through
completion of the 5�1 year
Beginning of the 6T�' year through completion
of the 7Th year
Beginning of the 8t11 year through completion
of the 9�1 year
Beginning of the 10T�' year through
completion of the 11t11 year
Beginning of the 12t11 year through
completion of the 13�1 year
Beginning of the 14T�' year through
completion of the 15�1 year
Beginning of the 16T�' year through
completion of the 17T11 year
Beginning of the 18t1i 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 24t11 year
Beginning of the 25t11 year and thereafter
Accrual Rate
88 working hours per year
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 leave requires supervisor approval. 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 vacation or a combination of �=acation and compensatory time must obtain prior
approval from the cit�r administrator. The city will make every effort to grant vacation time as requested
but reser�res the right to denjr or approve vacation schedules.
40/40/40 Vacation Payout Option
Employees may request a one-time per year payout of fort5� (40) hours of accumulated vacation after
tal�ing at least fort�� (40) hours of vacation leave provided that after the reduction of the eight�- (80)
hours the emplo5�ee retains a minimum vacation balance of fort�� (40) hours. The irrevocable election
to take the 40/40/40 option must be made b�� the end of the calendar ��ear prior to tal�ing the vacation.
The vacation pay�out will occur following a valid written request by� the employee indicating the above
criteria have been met or the second pay day in November of each year, whiche�rer comes first.
Page 17�63
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
pregnanc5-).
■ 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.
For the purpose of this section, family member is defined as the employee's stepchild, biological, adopted
or foster child, spouse, parent, and stepparent.
Paid sick lea�=e is provided for regular, full-time and on a prorated basis for eligible part-time employees.
Regular, full-time employees accrue sick leave at a rate of eight (8) working hours for each calendar
month reduced by Earned Sick and Safe Time (ESS"I� bank as defined below. 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 lea�Te.
Total lea�re banked as sick lea�re and ESST will be checked on the last pay day in October of each j�ear.
• If Employee is at or over 960 accrued hou�s, they will begin accruing leave at the rate of eight
(8) day s per year on the first pay day in November.
• If Employee is under 960 accrued hours, the5� will remain accruing at the rate of twelve (12)
da�-s per year.
When balances are checked on the last pay day in October the following year, employees accruing at
the eight (8) days per year rate shall have one-half (1 /2) of the previous year's accrued hours paid into
Employee's Post Emploj�ment Health Care Savings Plan and the remaining half will remain in the
employee's sick leave bank. (i.e.: If you begin the year at the eight (8)-day accrual rate half of your
��ear's accrual will be paid into your PEHCSP at the end of the year and the other half will remain in
your bank.)
If the balance is below 960 when checked the following j�ear, the emplopee returns to the twelve (12)
days per year accrual rate. Emplo�-ees are not eligible for PEHCSP payment when accruing at the
twelve (12) days per year rate and all unused accrued hours remain in their bank.
If the balance is at or above 960 when checked, the employee will move to or remain in the eight (8)
day per y�ear accrual plan.
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
Page 18�63
anticipated return to work. Employee is responsible to ensure sick time usage is recorded in the
timekeeping system as soon as practicable but no later than the end of the pay period in which the time
was taken.
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 cit�- 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 three (3) days or if abuse of sick
leave is suspected. In some circumstances, an employee may be requested to submit to a medical
examination by a physician or medical facility licensed to practice medicine. In such a circumstance, the
city may select the phy sician and facility that will conduct the examination.
Earned Sick and Safe Time
Beginning January 1, 2024, Minnesota law requires the implementation of Earned Sick and Safe Time
(ESS"I�. ESST is paid leave that can be used for certain reasons, including when an employee is sick, to
care for a sick family member, when �vork or a child's school is closed, or to seek assistance if an
employee or their family member has experienced domestic abuse, se�lal assault, or stalkirig. This
specific leave applies to all employees (including temporary and part-time employees) performing work
for at least 80 hours in a year for the city.
ESST is earned at the rate of one hour for every 30 hours worked, up to a ma�imum of 48 hours
earned per calendar year. The hourly rate of ESST is the same hourly rate an employee earns from
employment with the city.
Employees eligible for Sick Leave as defined in the section above will have a portion of that sick leave
designated as ESST. Employees not eligible for Sick Leave as defined in the section above who work
for the city at least 80 hours in a calendar year will accrue ESST at the rate of 1 hour for every 30 hours
worked. ESST may begin accruing at the beginning of the calendar year although employees may not
use ESST until they have worked 80 hours in that year. Unused ESST is not paid out at the end of
employment e�cept as provided under Severance Pay abo�Te.
After the employee has worked 80 hours in the calendar year, ESST may be used as it is accrued in the
smallest increment of time tracked by the city's payroll system. An employee may use accrued ESST
for the following reasons:
■ an employ ee's:
o mental or physical illness, injury, or other health condition;
Page 19�63
o need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or
health condition; or
o need for pre�=entive medical or health care;
care of a family member:
o with a mental or physical illness, injury, or other health condition;
o who needs medical diagnosis, care, or treatment of a mental or physical illness, injury,
or other health condition; or
o who needs preventive medical or health care;
absence due to domestic abuse, sexual assault, or stalking of the employee or employee's
family member, provided the absence is to:
o seek medical attention related to physical or psychological injury or disability caused
by domestic abuse, sexual assault, or stalking;
0 obtain senTices from a victim services organization;
0 obtain psychological or other counseling;
o seek relocation or take steps to secure an e�sting home due to domestic abuse, sexual
assault, or stall�ing; or
o seek legal ad�Tice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual
assault, or stalkirig;
closure of the employee's place of business due to weather or other public emergency or an
employee's need to care for a family member whose school or place of care has been closed
due to weather or other public emergency;
the employee's inabilin� to work or telework because the employee is:
o prohibited from working by the employer due to health concerns related to the
potential transmission of a communicable illness related to a public emergency; or
o seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a
communicable disease related to a public emergency and such employee has been
exposed to a communicable disease or the employee's employer has requested a test
or diagnosis, and
when it has been determined by the health authorities having jurisdiction or by a health care
professional that the presence of the employee or family member of the employee in the
communit�r would jeopardize the health of others because of the exposure of the employee or
family member of the employee to a communicable disease, whether or not the employee or
family member has actually contracted the communicable disease.
For the purposes of this subdivision, a public emergency shall include a declared emergency as
defined in MN Statute Section 12.03 or a declared local emergency under MN Statute
Section 12.29.
ESST may be used for the following family members:
an employee's:
o child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis;
o spouse or registered domestic partner;
o sibling, stepsibling, or foster sibling;
o biological, adoptive, or foster parent, stepparent, or a person who stood in loco
parentis when the employee was a minor child;
o grandchild, foster grandchild, or stepgrandchild;
o grandparent or stepgrandparent;
o a child of a sibling of the employee (niece or nephew);
o a sibling of the parents of the employee (aunt or uncle); or
o a child-in-law or sibling-in-law;
a spouse or registered domestic partner's family members as listed above;
Page 20�63
any other individual related by blood or whose close association with the employee is the
equi�Jalent of a family relationship; and
up to one individual annually designated by the employee.
Required Notices
If the need for the use of ESST is foreseeable, the employee must provide notice at least seven (7) days in
advance of the use of the leave. Notice shall be provided by making the request through the employee's
time management or HRIS system.
If the need is unforeseeable, the employee must provide notice as soon as practicable. If possible,
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 supen=isor, s/he must contact the immediate supen=isor as soon as possible
during the workday. Employees are required to keep their immediate supervisor informed of their
anticipated return to work. Employees shall follow notice requirements for the use of sick time set forth
in union contract if different from the requirements above. Employee is responsible to ensure sick time
usage is recorded in the timekeeping system as soon as practicable but no later than the end of the pay
period in which the time was taken.
Time off requests must include who the time is being used for, their relation to the employee, and the
reason for the use.
When an employee uses ESST for more than three consecutive days, the employee shall provide
appropriate supporting documentation (such as medical documentation supporting medical leave,
court records or related documentation to support safety leave). However, if the employee or
employee's family member did not receive ser�=ices from a health care professional, or if
documentation cannot be obtained from a health care professional in a reasonable time or without
added expense, then reasonable documentation may include a written statement from the employee
indicating that the employee is using, or used, ESST for a qualifying purpose. The city will not require
an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the
employee's or the employee's family member's medical condition.
In accordance with state law, the city will not require an employee using ESST to find a replacement
worker to cover the hours the employee will be absent.
Carry Over of ESST
Employees will carry over accrued but unused ESST into the following calendar year. Accrued but
unused ESST shall never exceed 80 hours.
Retaliation Prohibited
The cit�r shall not discharge, discipline, penalize, interfere with, or othenvise retaliate or discriminate
against an employee for asserting ESST rights, requesting an ESST leave absence, or pursuing
remedies. Further, use of ESST will not be factored into any attendance point system the city may use.
Additionally, it is unlawful to report or threaten to report a person or a family member's immigration
status for exercising a right under ESST.
Benefits and Return to Work
During an employee's use of ESST, an employee will continue to receive the city's employer insurance
contribution as if they were working, and the employee will be responsible for any share of their
insurance premiums.
An employee returning from time off using accrued ESST is entitled to return to work at the same rate
of pay received when their leave began, plus any automatic pay adjustments that may have occurred
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during the employee's time of£ Seniority during ESST absences will continue to accrue as if the
employee has been continually employed.
When there is a separation from employment with the city and the employee is rehired again within
180 days of separation, previously accrued ESST that had not been used or paid out will be reinstated.
An employee is entided to use and accrue ESST at the commencement of reemployment.
Sick Leave Donation
With the written consent of the city administrator, employees who earn Sick Leave may donate leave to
fellow employees e�periencing a major illness such as, but not limited to, heart attack, stroke, organ
transplant, or other illness all of which must be supported by a physician's diagnosis, a catastrophic
accident with serious injuries supported by a phy sician's diagnosis, or to care for a spouse or dependent
under the same circumstances.
An employee is eligible to receive donated leave:
If the employee currently earns sick leave.
After all theas own sick, vacation, compensatory, or other leaves are e�austed.
Only for normal work hours lost due to the illness for which the leave is donated.
Only for time not covered by disability insurance or Workers' Compensation.
Up to a ma�mum of 240 hours.
If the physician's diagnosis indicates the employee will be able to return to work after
rehabilitation or recovery.
If the employee is eligible for FML.A, donated leave is used concurrently with FMLA leave and must be
used within twelve (12) weeks of the date of the illness or be forfeited. If the condition of the recipient
improves and s/he is able to return to work either in a light dut�r capacit�r, if work is available, or to
his/her normal work schedule, any donated leave time shall be forfeited and remain in the bank of the
donor.
An employee may donate up to sixteen (16) hours per recipient per �-ear made in increments of not less
than eight (8) hours. Employees with a combined sick leave and ESST balance of more than 960 hours
shall donate equal sh�es of sick or ESST and vacation. Employees with a combined sick leave and ESST
balance of less than 960 hours may donate only sick or ESST leave. The employee must complete a Leave
Donation Fornc to donate leave. All donations are anonymous.
Donated leave will be paid at the recipient's current rate of pay. All donated hours become sick leave to
the recipient. Donated hours do not qualify to be included as part of sick leave for the severance pay
calculation.
This policy applies on a prorated basis for part-time employees eligible for sick leave.
In the event of a mandatory or recommended quarantine because of a public health event, the city
administrator may use his/her discretion to allow leave donation.
Holiday Leave
Regular, full-time employees are eligible to receive pay for the following holiday s:
New Year's Dav
Martin Luther King, Jr. Day
Presidents Day
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■ Memorial Day
■ Juneteenth
■ Independence Day
■ Labor Day
■ Veterans Day
■ Thanksgiving Day
■ Friday after Thanksgiving
■ Christmas Eve
■ Christmas Day
Part-time employees will receive paid holidays on the same basis as regular, full-time employees, except
that holiday pay will be pro-rated according to the number of hours worked. To be eligible, part-time
employees must work a set schedule with a minimum of forty (40) hours per biweekly pay period.
Most temporary and seasonal employees are not eligible for holiday pay.
Employees working a Monday through Friday workweek, holidays occurring on Saturday are observed
the preceding Friday and holidays occurring on Sunday are observed on the following Monday.
When a holiday falls during an employee's vacation or sick leave, the employee will not be charged with
vacation or sick leave for the holiday hours; the hours will be considered holiday leave.
Although the city prefers that employees enjoy the obsen=ed holidays, emergencies may arise. If a non-
exempt employee is required by his/her supervisor to work on an actual holiday, the hours worked (in
addition to holiday pay) shall be paid as follows:
1. Regular non-exempt full-time and regular non-exempt part-time employees (excluding employees
to which #2 below applies) scheduled for or called in to work on the actual holidays listed above
shall receive one and one-half the employee's regular rate of pay in addition to the holiday pay.
2. Holiday benefit-earning liquor store and FT Center employees (excluding senior activity center
employees) will be given a bank of holidays (8 hours for each recognized holiday) to use
throughout the year. Holiday s not used will be paid to the employee in December of each year.
Employees will not receive one and one-half the employee's regular rate of pay if working on a
holiday.
3. Employees performing emergency or mission critical snow removal shall be paid double time for
hours worked on a holiday. For the purpose of this section, the additional pay applies on the
actual holiday if different from the day observed by the city.
Firefighters shall be paid double time for emergency response and scheduled Fire ��latch hours
worked on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving,
Christmas Eve and Christmas Day.
5. If scheduled to work on the actual holiday listed above, non-holiday benefit eligible parttime,
seasonal, or temporary employees shall be paid at 1.5 times their regular rate of pay.
Family and Medical Leave (FMLA)
The city shall determine whether leave is FML.A-qualified. An employee cannot choose to opt out of
FMLA leave given a qualifying event.
Employees meeting the following conditions qualify for FML,A leave:
Page 23�63
Have worked for the city for 12 months (or 52 weeks) prior to the date the leave is to
commence. The 12 months or 52 weeks need not have been consecutive; however, the city will
not consider any service 7 years prior to the employee's most recent hire date.
Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is
requested to commence. The principles established under the Fair Labor Standards Act (FLSA)
determine the number of hours worked by an employee. The FLSA does not include time spent
on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be
counted in determining the 1,250 hours eligibility test for an employee under the Family and
Medical Leave Act (FML.A).
Leave will be granted to all eligible employees for any of the following reasons:
■ The birth of a child, including prenatal care, or placement of a child with the employee for
adoption or foster care.
■ To care for a spouse, child, or parent who has a serious health condition.
■ Due to a serious health condition that makes the employee unable to perform the essential
functions of the position.
■ A covered military member's acti�=e dut�� call to dut�-, or to care for a covered military member
(Military Caregi�Ter and Qualified E�gency Leave, described below).
De�nitions
Car�ing — Psychological as well as physical care. It also includes acquiring care and sharing care duties for a
covered familv member.
Eligible child — A person under 18 years of age or a person incapable of self-care because of a physical or
mental disability who is a biological, adopted, foster, or stepchild, a ward of the employee, or a person
with whom the employee is charged with a parent's rights, duties, and responsibilities.
Soouse — Does not include domestic partners or common-law spouses.
Eligible parent — A biological parent or a person who was charged with parental rights, duties, and
responsibilities over the employee when the employee was under the age of 18; does not include in-laws.
Serious Health Condition — As defined under the F1�1LA means an illness, injury, impairment, or phy sical
or mental condition that involves one of the following:
■ Period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a
hospital, hospice, or residential medical care facilit�-.
■ Period of incapacit�- due to pregnancy, prenatal medical care, or childbirth.
■ Period of incapacity of more than three consecuti�re calendar day s that also involves continuing
treatment by or under the supervision of a health care provider (Absence plus treatment).
■ Incapacity from a chronic condition which requires periodic visits for treatment by a health care
provider continues over an extended period and may cause episodic rather than a continuing
period of incapacity.
■ Permanent/long-term conditions requiring supervision.
■ Period of absence to receive multiple treatments (including any recovery period therefrom) by a
health care or service provider under orders of, or on referral by, a health care provider.
Length and Amount of Leave
The length of FMLA leave shall not exceed twelve (12) weeks in any twelve (12) month period. The leave
year is calculated on a rolling year basis measured backwards from the time the employee uses leave.
Page 24�63
The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12)
months after the birth or placement of that child.
How Leave May be Taken
FML,A leave may be taken in consecutive weeks, intermittently (a day periodically as needed), or may be
used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may
not exceed a total of twelve (12) workweeks.
Intermittent leave may be taken when medically necessar�� for the employee's serious health condition or
to care for a seriously ill family member. Intermittent leave must be documented in the medical
certification form as medically necessary.
If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment,
the employee must make a reasonable effort to schedule the treatment to not disrupt the city's business.
In instances when intermittent or reduced schedule leave for the employee or employee's family member
is foreseeable or is for planned medical treatment, including recovery from a serious health condition, the
city may temporarily transfer an employee to an available alternative position with equivalent pay and
benefits if the alternative position would better accommodate the intermittent or reduced schedule.
Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or
foster care child only with the city's approval.
Notice
All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to
the employee's supervisor and human resources.
When the need for the leave is foreseeable, the employee must give verbal and written notice to his/her
supervisor at least thirty (30) days prior to the date on which leave is to begin.
If thirty (30) days' notice cannot be given, the employee is required to give as much notice as practicable,
including following required call-in procedures.
If an employee fails to give thirty (30) days' notice for a foreseeable leave with no reasonable explanation
for the delay, the leave may be denied until thirty (30) days after the employee provides notice.
Certi�cation and Documentation Requirements
For lea�=e due to an employee's serious health condition or a family member's, the city will require the
completion of a Me�lical Certification Por�c by the attending physician or practitioner. The form must be
submitted to Human Resources within fifteen (15) calendar days after requested. If the form is not
submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure
to provide medical certification may result in a denial or delay of the leave.
The city may require an employee obtain a second opinion from a provider which the city selects. If
necessary, to resolve a conflict between the original certification and the second opinion, the city may
require the opinion of a third doctor. This third opinion will be considered final. An employee will be
provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.
When leave is due to an employee's own serious health condition, a fimess for duty certification (FFD)
may be required before an employee can return to work. Failure to timely provide such certification may
eliminate or delay an employee's right to reinstatement under the FMLA.
Page 25�63
If an employee is using intermittent leave, and reasonable safet�- concerns e�st regarding the employee's
abilit�- to perform his or her duties, a FFD certificate may be required as frequently as every 30 days
during periods when the employee has used intermittent lea�=e.
Recertification
Recertification may be required if the employee requests an extension of the original approved leave or if
the circumstances regarding the lea�re have changed. Recertification may also be required if there is a
question as to the validit�r of the certification or if the employee is unable to return to work due to the
serious health condition.
Annual Medical Certi�cation and Recertification
Where the employee's need for leave due to the employee's own serious health condition lasts beyond a
single lea�=e year, the city will require employees to provide a new medical certification in each subsequent
leave year. Such new medical certifications are subject to the provisions for authentication and
clarification and second and third opinion.
Reinstatement
Employees returning from FML.A will be reinstated in the same position or a position equivalent in pay,
benefits, and other terms and conditions of employment.
An employee's reinstatement rights are the same as they would have been had the employee not been on
leave. Thus, if an employee's position would have been eliminated or an employee would have been
terminated but for the lea�Te, the employee would not have the right to be reinstated upon return from
leave.
Notice of Intent to Return from FMLA Leave
The city requires an employee on FMLA lea�=e to report periodically on the employee's status and intent
to return to work.
Effect on Bene�ts
An employee granted leave under this policy will continue to be covered under the city's group health
and dental insurance plan under the same conditions and at the s�ne level of city contribution as would
have been provided had they been continuously employed during the leave period. Minnesota Parenting
Leave and all forms of paid time off (sick leave, disability leave, workers' comp leave, vacation,
compensatory time off, etc.) run concurrently with FML.A. If there are changes in the city's contribution
levels while the employee is on leave, those changes will take place as if the employee were still on the
job.
The employee will be required to continue payment of the employee portion of group insurance coverage
while on leave. Arrangements for payment of the employee's portion of premiums must be made by the
employee with the city.
Failure to Return to Work after FMLA
Under certain circumstances, if the employee does not return to work at the end of the FML,A leave for
at least 30 calendar days, the city may require the employee to repay the portion of the monthly cost paid
by the city for group health plan benefits. The city may also require the employee to repay any amounts
the city paid on the employee's behalf to maintain benefits other than group health plan benefits.
If an employee does not return to work following 12 weeks of FMLA leave, the employee may be subject
to COBRA continuation.
Page 26�63
If the employee fails to pay the cit�- a portion of the premiums for which s/he is responsible during the
FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure to
pay premiums is not a qualif�-ing event for purposes of continuation coverage under COBRA.
If the employee does not return from the FMLA leave and coverage ended sometime during the FML.A
leave due to lack of payment, there is no COBRA election available. For COBRA to apply, the employee
must have been covered on the day before the qualifying event In this situation, the qualify-ing event
would occur at the time the employee did not return from the leave.
Activities Prohibited During FMLA
While on leave, employees may not engage in activities (inclucling employment) with the same or similar
requirements and essential functions of an employee's current position.
Employees shall not engage in activities that conflict with the best interests of the cit�-. Such conduct will
result in disciplinary action up to and including termination.
Use of Accrued Paid Leave or Compensatory Time during FMLA
Paid leave runs concurrently with FMLA leave. The use of sick leave shall be for reasons allowed
according to the Sick Leave Policy. Prior to taking unpaid FMLA leave, employees must use all but 40
hours of accrued sick leave (unless use is not applicable to policy), all but 40 hours of accrued vacation
lea�=e, and all compensatory time unless their medical condition/injury is co�=ered by Worker's
Compensation.
Additional Leave
Employees who cannot return from an approved FML,A leave at the end of the approved leave period
may request an extension up to the ma�mum of twelve (12) weeks allowed under FMLA. If the twelve
(12) FMLA weeks have already been used, the employee can request General Leave. If approved, before
General Leave begins the employee must use any accrued sick lea�re, compensatory time, or vacation
leave that remains. If the leave is appro�red the employee will be required to pay the full cost of all group
insurance, as provided under COBRA, in order to continue coverage.
If the General Leave is not approved or the employee fails to request additional leave, the employee will
be considered to have voluntarily resigned. If circumstances beyond the employee's control prevented the
employee from requesting additional leave, a retroactive leave request may be allowed, subject to the city
administrator's approval.
FMLA — Qualified Exigency and Military Caregiver Leave
Qualified Exigency
Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of
an impending call or order to co�rered active military duty or who is already on covered active duty may
take up to twelve (12) weeks of leave for reasons related to or affected by the family member's call-up or
service.
The qualifying e�igency must be one of the following:
1. Short-notice deployment
2. Military events and activities
3. Childcare and school activities
4. Financial and legal arrangements
Page 27�63
Counseling
Rest and recuperation
Post-deployment activities
Parental care
Additional activities that arise out of active dut�-, pro�=ided that the employer and employee agree,
including agreement on timing and duration of the leave.
Military Caregiver Leave
An employee eligible for FML,A leave (described above) who is the spouse, son, daughter, or parent, or
next of l�in of a covered servicemember may take up to 26 weeks in a single 12-month period to care for
that servicemember.
The family member must be a current member of the Armed Forces (including a member of the
National Guard or Reserves), who has a serious injury or illness incurred in the line of duty on active
duty for which he or she is undergoing medical treatment, recuperation, or therapy, or otherwise is on
outpatient status or on the temporary disability retired list.
Eligible employees may not take leave under this provision to care for former members of the Armed
Forces, former members of the National Guard and Reserves, and members on the permanent disability
retired list.
Definitions
Son/Daughter of a co�=ered sen=icemember -- The biological, adopted, or foster child, stepchild, legal
ward, or a child for whom the covered servicemember stood in locoparenti.r, and who is of any age.
Parent of a covered servicemember -- The biological, adoptive, step, or foster father or mother, or any
other individual who stood in locoparenti.r to the covered servicemember. This term does not include
parents "in law."
Next of l�in of a covered servicemember — Is the nearest blood relative, other than the covered
servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who
have been granted legal custody of the servicemember by court decree or statutory pro�=isions, brothers
and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has
specifically designated in writing another blood relative as his or her nearest blood relati�=e for purposes
of military caregiver leave under the FML,A.
When no such designation is made, and there are multiple family members with the same level of
relationship to the covered servicemember, all such family members shall be considered the covered
servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember,
either consecutively or simultaneously. `�Jhen such designation has been made, the designated indi�=idual
shall be deemed to be the covered servicemember's only next of kin. An employer is permitted to require
an employee to pro�ride confirmation of covered family relationship to the covered servicemember
pursuant to � 825.122(j).
Covered active dut� Re�ular Com�onent of the Armed Forces -- Duty during deployment of the
member with the Armed Forces to a foreign country.
Co�rered active dut� Reserve Com�onents of the Armed Forces -- Duty during deployment of the
member with the Armed Forces to a foreign country under a call or order to active duty in a contingency
operation as defined in section 101(a)(13)(B) of title 10, United States Code.
Page 28�63
Covered servicemember -- A member of the Armed Forces (including National Guard or ResenTes) who
is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disabilit�r retired list, for a serious injury or illness; or a�=eteran who is
undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a
member of the Armed Forces (including a member of the National Guard or Reserves) at any time
during the period of 5 years preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
Serious injur�- or illness -- A member of the Armed Forces (including National Guard or Resenres), with
an injury or illness incurred in the line of dut�- on active dun- (or e�sted before the beginning of the
member's active dut�- and was aggravated by service in line of dut�- on active dun- in the Armed Forces)
and that may render the member medically unfit to perform the duties of the member's office, grade,
rank, or rating; and
A veteran who was a member of the Armed Forces (including National Guard or Reserves) at any time
during a period when the person was a co�rered senricemember, means a qualifying (as defined by the
Secretary of Labor) injury or illness incurred by a covered servicemember in the line of duty on acti�re
duty that may render the servicemember medically unfit to perform the duties of his or her office, grade,
rank, or rating.
Outpatient status, with respect to a covered servicemember, means the status of a member of the Armed
Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the
purpose of providing command and control of inembers of the Armed Forces receiving medical care as
outpatients.
Amount of Leave — Qualified Exigency
An eligible employee can take up to 12 weeks of leave for a qualified e�gency.
Amount of Leave — Military Caregiver
An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a single,
12-month period. The single, 12-month period begins the first day the eligible employee takes FMLA
leave to care for a covered servicemember and ends 12 months after that date.
Leave taken for any FMLA reason counts towards the 26-week entitlement If an employee does not take
all of 26 work��eeks of leave entitlement to care for a covered servicemember during the single, 12-
month period, the remainder of the 26 workweeks of leave entitlement to care for the covered
servicemember is forfeited.
Certi�cation of Qualifying Exigency for Military Family Leave
The city will require certification of the qualifying e�gency for military family leave. The employee must
respond to such a request within 15 days of the request or provide a reasonable explanation for the delay.
Failure to provide certification may result in a denial of continuation of leave. This certification will be
provided using the DOL Certification of Qualifying E�igency for Military Family Leave.
Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave
The city will require certification for the serious injury or illness of the covered servicemember. The
employee must respond to such a request within 15 days of the request or provide a reasonable
explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered
Sen=icemember.
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All other pro�=isions of the FMLA policy, including Use of Paid Lea�Te, Employee status and benefits
during leave, the Procedure for Requesting Leave, Benefits during Leave, and Reinstatement, are outlined
above in the FML,A policy.
Parental Leave Policy
Federal and state law mandates a number of paid and unpaid types of leave to protect employment and
to benefit certain activities. The city provides certain leaves to assist employees with life's challenges
enabling employees to be productive at work.
For this purpose, the city has implemented a paid Parental Leave Policy. Paid parental leave is intended
to provide workplace support for parents of newborn or adopted children as they adjust to new life
changes and to assist with the preservation of accrued sick leave.
Eli—���
Employees must be sick leave benefit-earning to be eligible for Parental Leave after one (1) year of
continuous leave benefit-earning city employment.
Leave may be granted following the birth of a biological child or legal adoption placement of a child.
Foster child placement, surrogate mothers, and sperm or egg donors are excluded from coverage.
Employees shall notify Human Resources and their supervisor of the desire to take Parental Leave as
soon as possible but no later than thirty (30) days before anticipated birth or placement to ensure
work/shift coverage. A Request for Leave of Absence form shall be submitted at least thirty (30) days
before anticipated leave.
Leave is discretionary subject to cit�� service needs.
Use
Eligible parents are permitted five (5) working days (up to 40 hours) of paid leave following the birth
or adoption placement of a child. Available hours are prorated for part-time employees. Hours are paid
at the employee's regular base wage for regularly scheduled work hours only and do not include
overtime, supplemental pay, and/or other additional pay.
Leave must be taken within the first six months of birth or adoption placement In no case shall
Parental Leave combined with other t��pes of leave extend beyond 12 weeks.
Leave may be taken intermittently and may run consecutively with other leave (sick, vacation, or
compensatory time). Parental leave shall run concurrently with FML,A, 1�1N Parental Leave, and/or
Short Term Disability.
Employer benefit contributions and leave accruals (both according to policy) continue during paid
parental leave.
Pregnancy and Parenting Leave
All employees are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave
Act of 1��innesota. Female employees for prenatal care, or incapacity due to pregnancy, childbisth, or
related health conditions as well as a biological or adoptive parent in conjunction with after the birth or
adoption of a child are eligible for up to twelve (12) weeks of unpaid leave and must begin within twelve
(12) months of the birth or adoption of the child. In the case where the child must remain in the hospital
longer than the mother, the leave must begin within twelve (12) months after the child leaves the
hospital. Employee should provide as much notice as possible. If the leave must be taken in less than
Page 30�63
three day s, the employ ee should give as much notice as practicable.
Employees are required to use accrued leave (sick leave, vacation leave, compensatory time) during
Pregnancy and Parenting Leave. If the employee has remaining FMLA eligibility at the time this leave
commences, this leave will also count as FMLA leave. The two leaves will run concurrently.
The employee is entitled to return to work in the same position and at the same rate of pay the
employee was receiving prior to commencement of the leave. Group insurance coverage will remain
available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the
employee will be responsible for the entire premium unless otherwise provided in this policy (i.e.,
where leave is also FML,A qualifying). For employees on an FMLA absence as well, the employer
contributions toward insurance benefits will continue during the FML,A leave absence.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate
against an employee for asserting parental leave rights or remedies.
Adoptive Parents
Adoptive parents have the same leave opportunity as biological parents (see Pregnancy and Parenting
Leave). The leave must be for the purpose of arranging the child's placement or caring for the child after
placement Leave must begin before or at the time of the child's placement in the adoptive home.
Reasonable Work Time for Nursing Mothers
Nursing mothers and lactating employees are pro�rided reasonable breal� time to express milk for her
infant child. The paid break times can run concurrently with any break time already provided. The city
will provide a private room (other than a restroom) as close as possible to the employee's work area with
access to an electrical outlet.
Reasonable Accommodations for Health Conditions Relating to Pregnancy
The city will provide female employees who request reasonable accommodation with the following for
her health conditions related to her pregnancy or childbirth.
More frequent restroom, food, and water breaks
Seating
Limits on lifting over 20 pounds
The city will engage in an interactive process with respect to an employee's request for a reasonable
accommodation, including, but not limited to, temporary transfer to a less strenuous or hazardous
position, should one be available, unless such accommodation imposes an undue hardship on the cit��.
School Conference Leave Policy
Employees may take up to sixteen (16 hours) unpaid leave during any 12-month period to attend school
conferences or classroom activities related to the employee's child (through secondary school), provided
the conferences or classroom activities cannot be scheduled during non-work hours. If an employee's
child recei�res childcare services or attends a pre-kindergarten regular or special education program, the
employee may use the leave time to attend a conference, or activity related to the employee's child, or to
observe and monitor the services and program, provided the conference, activity, or observation cannot
be scheduled during non-work hours.
When the need for leave under this section is foreseeable, the employee must provide reasonable prior
notice of the leave to his or her immediate supervisor and make a reasonable effort to schedule the leave
so as not to unduly disrupt city business.
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Employees may choose to use vacation leave for this absence but are not required to do so.
Bone Marrow/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 may take up to fort�- (40) hours
of paid leave. The fort�- (40) hours is over and above the amount of accrued time the employee has
earned. The city may require verification by a physician of the purpose and length of each leave
requested by the employee. If a medical determination indicates the employee does not qualify as a
donor, the paid leave is not forfeited.
Effective July 1, 2023, an employer shall not discharge, discipline, penalize, interfere with, or otherwise
retaliate or discriminate against an employee for asserting bone marrow or organ donation leave rights
or remedies.
Military Leave
State and federal laws provide protections and benefits to cit�- employees who are called to military
service, whether for training or on active dut��. Such employees are entitled to a leave of absence
without loss of pay, seniorinr status, efficiency rating, or benefits for the time the employee is engaged
in training or active service not exceeding a total of 15 days in any calendar year.
The leave of absence is only in the event the employee returns to employment with the city as required
upon being relieved from service or is prevented from returning by physical or mental disability or
other cause not the fault of the employee or is required by the proper authority to continue in military
or naval service beyond the fifteen (15) day paid leave of absence. Employees on extended unpaid
military leave will receive fifteen days paid leave of absence in each calendar year, not to e�ceed five
y ears.
Where possible, notice is to be provided to the city at least ten working days in advance of the
requested leave. If an employee has not yet used his/her fifteen days of paid leave when called to
active duty, any unused paid time will be allowed for the acti�=e-duty time, prior to the unpaid leave of
ab sence.
With few exceptions, employees returning from military service will be reemployed in the job that they
would have attained had the�r not been absent for military service and with the same seniority, status
and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be
considered hours worked for the purpose of vacation leave and sick leave accruals.
Eligibility for continuation of insurance coverage for employees on military lea�=e beyond fifteen days
will follow the same procedures as for any employee on an unpaid leave of absence.
Employees will be granted up to ten working days of unpaid lea�=e whose immediate family member is
a member of the United States armed forces who has been injured or killed while engaged in active
service. The 10 days may be reduced if an employee elects to use appropriate accrued paid leave.
Unless the leave would unduly disrupt the operations of the city, employees whose immediate family
member, as a member of the United States armed forces has been ordered into active service in
support of a war or other national emergency, will be granted an unpaid leave of absence, not to
exceed one da�r's duration in any calendar year, to attend a send-off or homecoming ceremony for the
mobilized ser�Tice member.
The city will grant employees an unpaid leave of absence for time spent serving as a member of the
Civil Air Patrol upon request and authority of the state or any of its political subdivisions, unless the
Page 32�63
absence would unduly disrupt the operations of the city. Employees may choose to use vacation leave
in place of unpaid leave.
Jury Duty Leave and Court Appearances
Employees are allowed a leave of absence pursuant to state statutes without restriction or sanction when
called for jury duty.
■ An employee performing jury duty or testifying in court for city-related business will receive the
difference between his/her regular rate of pay and the amount received as juror or witness up to
the ma�mum allowed by state or federal law. Upon receipt of payment from the court,
documentation of payment shall be provided to Human Resources.
■ The employee must notify his/her supervisor and initiate a leave of absence within forty-eight
(48) hours of receiving call for jury duty.
■ An employee excused or released from jury duty during regular work hours must report to
his/her super�risor immediately thereafter.
■ Time spent on jury duty will not count as time worked in computing overtime.
Victim or Witness Leave
Employees subpoenaed or requested by a prosecutor to testify in court related to sexual assault, domestic
abuse, or stall�ing, who is the victim or is the spouse or immediate family member of such victim, shall be
allowed the use of earned sick and safe time for reasonable time off from work to attend criminal
proceedings related to the victim's case. See the Earned Sick and Safe Tirrce polz'cy for additional information.
Bereavement Leave
Regular full-time and regular part-time employees worl�ing a minimum of 1,040 hours per year are
permitted a paid leave from scheduled work to make funeral arrangements, for funeral attendance, to care
for survivors, gather with relatives, and/or to otherwise grieve a familial death. Bereavement leave is
prorated for eligible regular, part-time employees according to the number of hours worked. Leave is
limited to the following:
■ Up to five (5) days: Husband, wife, mother, father, son, daughter, brother, sister, stepmother,
stepfather, stepson, stepdaughter, stepbrother, and stepsister.
■ Up to three (3) days: Son-in-law, daughter-in-law, mother-in-law, father-in-law, grandparent, or
grandchild.
■ One (1) day: Aunt, uncle, cousin, niece, nephew, sister-in-law, brother-in-law, Godchild,
grandparent-in-law.
■ With city administrator approval, leave may be granted in certain unique family arrangements.
Leave days shall be concurrent unless approved by the city administrator and supervisor.
Additional time off for bereavement may be granted and charged to vacation leave or compensatory time,
if available. Employees covered by a collective bargaining agreement shall receive bereavement benefits as
stated in the collective bargaining agreement.
General Leave
The city recognizes that unique personal circumstances may cause an employee to seek time off without
pay. The city may, at its sole discretion, grant unpaid personal leaves of absence (General Leave).
Approval is required from the immediate supervisor, department director, and the city administrator.
General Leave shall not exceed ninety (90) days, unless approved by the city administrator.
Page 33�63
Vacation and sick leave do not accrue during a General Leave and the employee is not eligible for holiday
pay. The city will not contribute to the cost of insurance premiums for an employee on General Leave.
Employees are expected to return from General Leave when the reason for the leave expires.
Employees who take a General Leave have no right to reinstatement.
Voting, Election Judge, and Delegates to Party Conventions Leave
An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off
with pay for purposes of serving as an election judge, provided the employee gives the city at least
twenty (20 days written notice, including a certification from the appointing authority stating the
hourly compensation to be paid the employee for service as an election judge and the hours during
which the employee will serve. The city may reduce the wages of an employee serving as an election
judge by the amount paid to the election judge by the appointing authority during the time the
employee was absent from the place of employment. Thus, employees will be paid the difference
between their pay as an election judge and their regular rate of pay for their normal workday.
The city reserves the right to restrict the number of employees absent from �vork for the purpose of
serving as an election judge to no more than 20 percent of the total work force at any single worksite.
All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of
United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay
to vote on the election day. Employees wanting to take advantage of such leave are required to work
with their supervisors to a�=oid co�=erage issues. Effective July 1, 2023, employees may be absent from
work for the time necessary to vote to include voting during the period allowed for voting in person
before election day.
An employee may be absent from work to attend any meeting of the state central committee or
executive committee of a major political party if the employee is a member of the committee. The
employee may attend any convention of a major political party delegate, including meetings of official
convention committees if the employee is a delegate or an alternate delegate to that convention.
Per the statutory requirement, the employee must give at least ten days written notice of their planned
absence to attend committee meetings or conventions. Time away from work for this purpose will be
considered unpaid unless the employee chooses to use �-acation/ PTO leave during their absence.
Administrative Leave
Under special circumstances, an employee may be placed on an administrative leave pending the outcome
of an internal or external investigation. The leave may be paid or unpaid, depending on the
circumstances, as determined by the city administrator.
Athletic Leave of Absence
An emplo�ree who qualifies as a member of the United States national team for athletic competition on
the world championship, Pan American, or Olympic team in a sport sanctioned by the International
Olympic Committee, shall be granted a leave of absence without loss of pay or other benefits for the
purpose of preparing for and engaging in the competition. In no event shall the paid leave exceed the
period of official training camp and competition combined, or 90 calendar days a year, whichever is less.
The employee shall pro�=ide documentation establishing their participation on said team and in said event.
Page 34�63
General Benefits
Following is an overview of benefits available to eligible employees. The descriptions provided are not
intended to be comprehensive and all questions regarding eligibility and benefit levels should be directed
to Human Resources. The plan documents govern any inconsistencies between plan documents and the
information provided in this section. Benefits and eligibility requirements are subject to change, and such
changes may not be reflected in this description.
The city reserves the right, in its sole discretion, to change, modify or eliminate benefits at any time,
except to the extent prohibited by law.
Insurance
Various insurance policies, including group medical insurance, may be available for eligible city employees
and their dependents. Information about the benefits an employee is eligible for are provided to them
during their orientation. Questions about benefits should be directed to Human Resources.
The eligibility requirements and benefits provided are specified in materials provided by the respective
insurance carriers. Carriers may have different requirements concerning eligibility and they will govern
eligibility .
Under some circumstances, eligible employees and their dependents may have the option of continuing
coverage under certain city employee insurance plans for a limited time at the employee's own expense
when coverage would otherwise end. This continuation right is provided in accordance with the
Consolidated Omnibus Budget Reconstruction Act of 1985 (COBRA) and applicable state law.
Retirement/PERA
The city participates in the Public Employees Retirement Association (PERA) to provide pension
benefits for its eligible employees to help plan for a.rucces.rful an�l.recure retire�nent. Participation in PERA is
mandatory for most employees, and contributions into PERA begin immediately. The city and the
employee contribute to PERA each pay period as determined by state law. Most employees are also
required to contribute a portion of each paycheck for Social Security and Medicare (the city matches the
employee's Social Security and Medicare withholcling for many employees). For information about PERA
eligibility and contribution requirements, contact Human Resources.
Employee Development / Tuition Reimbursement
The city encourages and recommends lifelong learning and offers reimbursement to regular, full-time
employees for up to 75% of the tuition paid by the employee, excluding scholarships and grants up to a
ma�imum reimbursement of $3,000 per year (based on the budget year the expense is applied) for
accredited college or other instruction direcdy related to the employee's position with the city. To be
eligible for reimbursement the follo��ing requirements must be met:
1. Prior to registration, a completed Tuition Bei�nbur.re�nent Begue.rt For�c must be signed and on file
with Human Resources; and
2. The instruction must be to obtain a degree, certification, or license and apply directly to the
employee's position or be required to complete an associate, bachelor's, master's, or doctorate
degree in the field in which the employee works; and
Page 35�63
The employee must successfully complete the instruction. If letter grades are assigned, the
minimum grade required for reimbursement is a C; and
The reimbursement must be submitted within 60 days of instruction completion.
Books, activity fees, technology fees, and other non-tuition charges do not qualify for reimbursement.
All instruction must be taken on employee time and time spent on instruction is not considered hours
worked. If any portion of the employee's class/development activity is conducted during regular work
hours, the employee must take vacation or compensatory leave, an unpaid leave of absence, if approved,
or arrange for fle�ible scheduling, if approved by the department director.
Courses taken to maintain licensure, affiliation, certification, or credentialing as well as work-related
seminars and training are paid for with City Council approved budgeted training funds.
Employee Wellness
In an effort to promote wellness, the city maintains and encourages the use of a fitness room with
exercise equipment. The policy attached as E�hibit A must be read, signed, and returned to Human
Resources before using the fitness room.
Throughout the year, events are provided by the city's Health Rewards Program Committee to promote
overall health and wellness. Participation is encouraged.
Page 36�63
General Policies
Smoking, Vaping, and Tobacco Policy
The city complies with the Minnesota Clean Indoor Air Act. All cit�- buildings and vehicles, in their
entiret�-, shall be designated as smoke free, meaning that smoking in any form (through the use of
products such as pipes, cigars, and cigarettes), or "vaping" with e-cigarettes is prohibited while in a city
facilit�� or vehicle.
Smoking and vaping of any l�ind is prohibited while on dun� except for employees 21 and over only
during their breaks and lunch, and only in areas designated for that purpose. Employees who use
chew/spit tobacco shall not do so in the presence of the public and with respect to fellow employees
and shall not cause damage to or soil city vehicles, equipment, or facilities.
Employees violating this policy may be subject to disciplinary action up to and including termination.
Appearance and Dress
Employ-ee appearance is a direct reflection on the professionalism of city services. Departments may
establish dress codes for employees as part of departmental rules. Personal appearance should be
appropriate to the nature of the work and contacts with other people and should present a positive
image to the public. Clothing, jewelry, or other items that could present a safety hazard are not
acceptable in the workplace. To respect the rights of employees with fragrance sensitivities, fragrances
should be minimal or not worn.
Clothing must alway s be clean, neat, and in good repair. Good hygiene is always e�pected. The City Dress
and Appearance Policy is available on Acce.r.r Elk Kz'ver. Violation of this Policy may result in discipline up
to and including termination.
Electronic Communication Devices
The city provides telephonic equipment (land line and cellular), computer equipment and software, and
services used to communicate and supply email, voicemail, and internet data access. The equipment and
services are the propert�� of the city and are intended to be used for official city business. Employees who
intentionally misuse Electronic Communication Devices may be subject to discipline up to and inclucling
termination. Please reference specific city policies regarding issue eligibility and use of electronic
communication devices such as 800 MHz radios, cell phones, smartphones, and iPads/tablets.
Telephone Use
It is critical that employees be courteous, tactful, professional, and efficient on the telephone. Employees
are expected to answer and return calls promptly.
Personal calls must not interfere with city work, should be brief and made only when necessary.
Preferably, personal calls should be made during scheduled rest breal� or lunch periods.
The Mobile Phone Policy can be found on Acce.r.r Elk Kz'ver.
iPad/Tablet Device Use Policy
The City Council has authorized the purchase and assignment of iPads and tablet devices to enhance
workflow, reduce paperwork, increase efficiency, and enhance internal and external communication. The
full city policy which includes purpose, use, care, and user responsibilities can be found on Acces�- Elk
Kz�ver.
Page 37�63
Email and Voicemail Use
Emails and voicemails are subject to the Minnesota Records Management and the Government Data
Practices Acts and could be classified as public information.
While occasional use of these sen=ices for personal, non-business use is acceptable, employees must
demonstrate a sense of responsibilit�- and may not abuse email or voicemail privileges.
Communication sent via email or �=oicemail must be respectful in tone and professional. The
transmission, retrieval, or storage of discriminatory, harassing, derogatory, obscene, defamatory, or
threatening messages are forbidden. Email shall not be used for chain letters or for any purpose which is
illegal, against city policy, or contrary to the city's interests.
There is no expectation of pri�Tacy regarding cit�- email or voicemail. The cit�- has the capability to retrieve
mail messages even after deletion. Furthermore, the use of passwords on the email and voicemail system
does not mean that messages stored on those sy stems are confidential or may not be retrieved or
reviewed by others. The city reserves the right to review employee email files, messages, and usage at any
time and without notice and/or permission.
Employees must respect other's electronic communications and may not obtain unauthorized access to
another's email or voicemail messages, except pursuant to direction from the city administrator for the
purposes specified above.
Internet Access and Use
Acceptable uses of internet access services include information for business-related purposes,
professional education, and professional development.
Employees must respect all copyrights and intellectual property rights of materials, and may not copy,
retrieve, modify, or forward copyrighted, patented, or trademarked materials except as permitted by the
owner or as a single copy for reference use only.
Internet access and use is not confidential. The city has the right to monitor individual internet usage and
to review individual internet usage logs.
Bandwidth Conservation
The cit�� provides for access to the internet for several key government functions, such as police access to
records and public access to public records. To ensure sufficient bandwidth to access applications, the
cin� implements bandwidth conser�=ation measures, which include blocl�ing websites with no instructional
or administrative value. Use of internet radio stations for casual listening and/or background music is
strictly prohibited. Employees shall not download music files.
Password Policy
Passwords protect access to vital city technology resources utilized for daily business. The City Password
Policy can be found on Acce.rs Elk Kz'ver. The policy outlines the purpose, rules for password use and the
composition.
Travel Expenses
An employee will be reimbursed for actual and necessary expenses incurred when traveling on official city
business only upon approval of such expenses by the City Council in accordance with the city Travel
Policy. To receive reimbursement, promptly complete the appropriate claim form and submit to the
appropriate department director for consideration and approval.
Page 38�63
The Travel Policy can be found in the city's Financial Management Policy on Acce.rs Elk Kz'ver.
Keys and Security
Employees are responsible for securing their work area at the end of each day. Properly secure all
confidential files and sensitive information. All keys in your possession that are for city facilities and/or
equipment must be returned to your supervisor upon separation from employment.
Personal Use and Disposal of City Property
City property and equipment shall only be used in the performance of official city business. Cit�--owned
equipment and facilities are not available for personal use by employees. Personal use of city vehicles,
machinery, tools, and other equipment is strictly prohibited.
As city propert�- becomes obsolete, damaged, or is no longer needed, it shall be disposed of through
salvage, trade, public auction, bid, or other means.
Disposal by sale or auction requires a public notice be ad�Tertised in the official newspaper and a posting
at Cit�- Hall and other locations as deemed appropriate. The appropriate department director will
determine the minimum price for each item to be sold.
Cit�� property shall not be given away to anyone, including employees.
An employee may purchase no more than one motor vehicle from the city or another political
subdivision in any 12-month period.
Employees involved in the auction or process pertaining to the administration and collection of sealed
bids are prohibited from purchasing city property.
Unauthorized removal of city property or its conversion to personal use may result in discipline up to and
including termination.
Use of City Vehicles
City-owned vehicles may be used only by employees for official city business. Employees who drive or
may be required to drive city �Tehicles and equipment must maintain a safe driving record and obsenTe all
traffic laws. Seat belts must be properly used at all times. The use of electronic communications devices
(cell phones, smart watches) is prohibited unless you are having an emergency or in an emergency vehicle
performing official duties. Drivers must carry a current, valid driver's license that is adequate for the t�-pe
of vehicle dri�=en. Operating a cit�- vehicle without a valid driver's license will result in disciplinary action
up to and including termination. All employees must abide by the city's Fleet Safet�r Program inclucling
drug and alcohol testing for all employees who are involved in an accident while driving a city vehicle.
Passengers may be carried only when necessary to conduct city business and/or when their
transportation via cit�- vehicle is in the best interests of the cit�r. City vehicles may not be used to tra�=el
from work to an employee's residence for rest or lunch breaks without prior supervisor approval.
Employees conducting official business out of town (conventions, meetings, etc.) may carry family
members as passengers if such accompaniment does not interfere with the best interests of the city and
upon approval by the department director.
Resident Complaints
Resident complaints provide an opportunity for feedback and identifying problem areas. How well
Page 39�63
complaints are handled determines the level of confidence and respect the public holds for their
municipal government.
When handling a complaint, be polite and ne�rer argue with the complainant even if s/he is angry,
unreasonable, or insulting toward you and the city. Stay calm, cool, and collected.
When a complaint is received, complete the following steps:
Receive and record information pertinent to the complaint.
Determine which employee is responsible to in�=estigate and take corrective action and forward
the complaint accordingly.
Follow-up to ensure action has been tal�en to correct the problem.
Emergency Closing
City facilities and functions will generally be open during adverse weather. Due to individual
circumstances, each employee will have to evaluate the weather and road conditions in deciding to
report to work (or leave early). Employees not reporting to work for reasons of personal safety will be
allowed to use accrued vacation time or compensatory time, or with supervisor approval, may modify
the work schedule, or make other reasonable schedule adjustments.
Sworn police officers, wastewater treatment operators, and public works maintenance employees will
generally be required to report to work regardless of conditions.
Decisions to cancel departmental programs (special events, recreation programs, etc.) will be made by
the respective department director after consultation with the city administrator.
Employee Participation in the City Fire Department
Employ�ees are allowed and encouraged to participate as a part-time paid on call firefighter in the E1k
River Fire Department. The following pay provisions, in accordance with state and federal laws, apply to
employees who also work outside of theas regular department as part-time paid firefighters:
Fire Calls During Working Hours
An employee will be allowed to respond to fire calls as approved and determined by his/her department
director, based on the work assignments and responsibilities of the employee.
Employees responding to fire calls during regular work hours will be compensated at the same rate as
his/her regular city position with no additional firefighter paid compensation. An employee who
completes (flexes) regular work hours interrupted for a fire call during the same day will also receive
firefighter pay for the fire call.
Employees responcling while on vacation or compensatory time off will also recei�re firefighter pay for
the fire call.
Fire Calls During Non-Work Hours
Employees will receive their normal firefighter pay for fire calls and training that do not occur during the
regular work hours of their regular position.
Application of Fair Labor Standards Act (FLSA)
Employees will be paid overtime in accordance with the FLSA. Actual time worked will be used for
determining o�=ertime payment, with no consideration to the one-hour minimum call out pay provision
Page 40�63
for firefighter pay nor to paid leave time in the employee's fulltime position. For example, a false alarm
that requires 15 minutes of work will be counted as 15 minutes for FLSA purposes even though the
minimum call out of one hour of pay would apply for firefighter pay purposes.
By advance mutual agreement, overtime earned for performance of fire department activities shall be
paid at one and one-half times the employee's firefighter pay rate.
Employee Participation in the Police Reserves
City employees who are also member of the Ell� River Police Resen=es and are paid for their work as a
Reserve Officer shall be paid overtime at the Reserve rate when Reserve work contributes to the FLSA
requirement for overtime compensation.
Regular position hours worked as overtime shall be paid at the regular overtime rate.
Political Activity
Employees may belong to a political part�- and are entitled to complete freedom from all interference in
casting votes. Employees may seek election or appointment to public office, except to the extent
prohibited by the provisions of state or federal law.
Political acti�=it�- must not interfere with an employee's job duties or performance. Political acti�=it�� during
work hours is prohibited.
Candidacy
Employees who become candidates for elective office may request a leave of absence for the purpose of
pursuing their candidacy, which may be granted at the cit�-'s sole discretion.
To the extent that any employee, including one campaigning for office, is unable to perform his or her
duties, s/he may be subject to disciplinary action, up to and including termination.
Page 41 �63
Labor Relations
Communication
The city encourages open communication throughout the organization to share information and ideas, to
raise concerns, and to provide suggestions for impro�rement To foster communication and improve
responsiveness, the city employs an administration/management structure (chain of command) with a
defined span of control intended to enhance communication and accessibility to supervisors, managers,
and department directors.
Employees shall first direct all communication to their immediate supervisor. Supervisors shall respond
to all inquiries, concerns, or suggestions in a timely manner. Violations of policies, including this policy
shall be filed in accordance with the City Grievance Procedure.
In the event the employee's inquiries, concerns, or suggestions are not addressed in a timely manner, or
s/he anticipates negative repercussions from communication with the immediate supervisor, the
employee may direct the communication to the immediate supervisor's supervisor. Concerns and
suggestions shall be advanced to each step including department director, human resources, and cin�
administrator if closure did not occur at the earliest possible le�Tel of communication.
Bypassing a step in the administration/management structure does not constitute insubordination.
Insubordination in the workplace refers to an employee's intentional refusal to obey an employer's lawful
and reasonable orders. Such a refusal would undermine a supervisor's level of respect and abilitt- to
manage and, therefore, is often a reason for disciplinary action, up to and including termination.
Elected and appointed officials, inclucling mayor, council members, and commissioners frequently solicit
employee feedback to better understand operations, impro�Te policy, and to ensure quality service.
Suggestions, grie�Tances, and concerns shall only be addressed with policymakers following the e�haustion
of resolution through the administration/management structure.
Notwithstanding the previous paragraph, a disagreement between employee and supervisor shall not be a
reason to bypass the administration/management structure and bring issues to elected or appointed
officials.
Directors, managers, and supervisors shall respect the administration/management structure of other
departments and divisions by coordinating work direction through the respective department director.
Retribution or retaliation by supervisory staff for the expression of ideas is not tolerated. A supervisor's
decision to not act on or accept an employee's suggestion or recommendation shall not be construed as
retribution, retaliation, or inaction.
Discipline
The city retains the right to take any disciplinary action deemed appropriate based upon the nature and
severity of the infraction(s) and the conditions surrouncling the incident. The city retains the sole
discretion to determine what behavior warrants disciplinary action and which action will be imposed.
The cinr may use progressive discipline to correct negative behavior rather than punish the employee.
There may be circumstances that warrant deviation from the suggested order or where progressive
discipline is not appropriate. Nothing in these personnel policies implies that any cit�� employee has a
contractual right or guarantee (also known as a property right) to the job he/she performs.
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Documentation of disciplinary action taken will be placed in the employee's personnel file with a copy
provided to the employ ee.
The follo��ing are descriptions of the types of disciplinary actions:
Oral Reprimand
This measure will be used where informal discussions with the employee's supervisor have not
resolved the matter. All supervisors can issue oral reprimands without prior approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify e�pectations and
put the employee on notice that the performance or behavior needs to change, and what the change
must be. The supervisor will document the oral reprimand inclucling date(s) and a summary of
discussion and corrective action needed.
Written Reprimand
A written reprimand is more serious and may follow an oral reprimand when the problem is not
corrected, or the behavior has not consistently improved in a reasonable period.
Serious infractions may require sl�ipping either the oral or written reprimand, or both. Written
reprimands are issued by the supervisor with prior approval from the city administrator.
A written reprimand will: (1) state what happened; (2) state what should have happened; (3) identify
the policy, directive or performance expectation that was not followed; (4) provide history, if any, on
the issue; (5) state goals, including timetables, and expectations for the future; and (6) indicate
consequences of recurrence.
Employees will be given a copy of the reprimand to sign acknowledging its receipt. Employees'
signatures do not mean the employee agrees with the reprimand. `�Jritten reprimands will be placed in
the employee's personnel file.
Suspension With or Without Pay
The city administrator may suspend an employee without pay for disciplinary reasons. Suspension
without pay may be followed with immediate dismissal as deemed appropriate by the City Council,
except in the case of veterans. Qualified veterans, who have completed their initial probationary
period, will not be suspended without pay in conjunction with a termination.
The employee will be notified in writing of the reason for the suspension either prior to the suspension
or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file.
An employee may be suspended or placed on Administrative Leave pending an investigation of an
allegation involving that employee. The leave may be with or without pay depending on the nature of
the allegations. If the allegation is proven false, the relevant documents shall be removed from the
employee's personnel file and the employee will receive any compensation and benefits due had the
suspension not tal�en place.
Demotion and/or Transfer
An employee may be demoted or transferred if attempts at resolving an issue have failed and the city
administrator determines a demotion or transfer to be the best solution to the problem.
The employee must be qualified for the position to which they are being demoted or transferred. The
City Council must appro�=e this action.
Salary
An employee's salary increase may be withheld, or the salary may be decreased due to performance
deficiencies.
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Dismissal
The cit�� administrator, with the approval of the Cit�- Council, may dismiss an employee for
substandard work performance, serious misconduct, or behavior not in keeping with city standards.
If the disciplinary action involves the remo�Tal of a qualified veteran, who has completed his/her initial
probationary period, the appropriate hearing notice will be provided, and all rights will be afforded the
veteran in accordance with Minnesota law.
While the city strives for consistency, the level of discipline taken in any given case does not establish a
precedent for future similar circumstances.
This policy does not change the fact that city employment is at-will, meaning an employee and the city
have the right to terminate employment at any time and for any reason, with or without cause or notice.
Grievance Procedure
Any dispute between an employee and the city relative to the application, meaning, or interpretation of
personnel policies will be settled in the following manner:
Step I- The employee must present a grievance in writing, stating the nature, the facts in which it is
based, the provision(s) of the personnel policy allegedly violated, and the remedy requested, to the
immediate supervisor within twelve (12) days after the alleged violation or dispute has occurred. The
immediate supervisor will respond to the employee in writing within seven (7) calendar days.
SteP 2- If the grievance is not settled in accordance with Step 1, it must be presented in writing, stating
the nature of the grievance, the facts in which it is based, the provision(s) of the personnel policy
allegedly violated and the remedy requested, to the department director within seven (7) days after the
due date of the supen=isor's response. The department director will respond to the employee in writing
within seven (7) calendar day s.
Step 3- If the grievance is not settled in accordance with Step 2, it must be presented in writing, stating
the nature of the grievance, the facts in which it is based, the provision(s) of the personnel policy
allegedly violated and the remedy requested, to the city administrator within seven (7) days after the due
date of the department director's response. The city administrator or his/her designee will respond to the
employee in writing within seven (7) calendar days. The decision of the city administrator is final for all
disputes with e�ception of those specific components in a performance evaluation subject to a challenge
through the Department of Administration.
Waiver - If a grie�=ance is not presented within the time limits set forth above, it will be considered
"wai�=ed." A grievance not appealed to the next step in the specified time limit or any agreed extension
thereof will be considered settled based on the cit�-'s last answer. If the cit�r does not answer a grievance
or an appeal within the specified time limits, the employee may elect to treat the grievance as denied at
that step and immediately appeal the grievance to the ne�t step. The time limit in each step may be
extended by mutual agreement of the city and employee without prejudice to either party.
The following actions are not grievable:
■ ��hile certain components of a performance evaluation, such as disputed facts reported to be
incomplete or inaccurate are challengeable, other performance evaluation data, inclucling
subjective assessments, are not.
■ Pay increases or lack thereof.
The above list is not meant to be all inclusive or e�austive.
Page 44�63
Safety
The city seeks to ensure the personal safety of employees and to prevent occupationally induced injuries
and illnesses. To the greatest degree possible, management seeks to maintain a safe and hazard-free work
env�sonment.
It is the policy of the City Council to provide employees with safe working conditions through the
following means:
A Safet�- Committee consisting of employees and management representing each department and
employee group is charged with creating and maintaining a safet�- program in compliance with all
applicable federal, state, and local laws.
The Committee or sub-committee reviews occupational illness and injury, and incidents that result in
damage to cit�r property, and strives to take action to ensure that unsafe work methods, unsafe work sites,
and unsafe equipment are identified and made safe.
All employees are required to fully comply with the Safety Program as administered by the Safety
Committee.
Department directors, management, and supervisory employees are responsible for implementing the
Safety Program by training their employees in safe work methods and by enforcing compliance with
safety standards set by the Safety Committee.
Department directors are responsible for providing all employees with the safety equipment and safety
clothing that is necessary for employees to perform their duties in a safe manner.
New employees receive a copy of the City of Elk Kz'ver Employee Safety Manual during their onboarding.
Employees are required to read the manual carefully and discuss areas of concern with their supervisor.
Employees are required to develop safe work habits and to contribute to the safety of themselves and co-
workers.
To be successful, the safet�- progr�un must be the shared responsibility of all employees. Employees are
required to:
■ Immediately report to their supervisor all unsafe equipment, practices, or procedures that pose a
threat to the safet�- of employees or others.
■ Cooperate with and assist in the investigation of accidents to identify the causes and to prevent
recurrence.
■ Be active in department and city safety programs.
■ Observe and promote safe work habits.
■ Report injuries to supervisor immediately.
Employees who do not follow and abide by the city's safety policies will be subject to discipline up to and
including termination.
Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of
employment that such equipment be worn by the employee.
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Supervisors are authorized to send an employee home immediately when the employee's behavior
�=iolates the city's personnel policies, department policies, or creates a potential health or safety issue for
the employee or others.
Safety Equipment Reimbursement
The city reimburses employees for certain foot and eye protection required by the city safen� policy.
Employees required to wear protective footwear may be reimbursed based on the Foot Protection Policy
attached as E�ibit B. Employees required to wear eye protection may be reimbursed based on the
Prescription Safety Eyewear Policy attached as Exhibit C.
Incident Reporting
Employees are required to report accidents resulting in personal injuries and/or vehicle, equipment, or
property damage to their supen=isor immediately.
Employees shall immediately report all accidents and injuries occurring within the course of employment
to their supervisor and complete an Employee Incident Report. The supervisor shall submit a
Supervisor's Report of Injury Form to Human Resources within twenty-four (24) hours of the injury.
Both forms are on Acce.r.r Elk Kziver.
Employees shall immediately report all damage to city property to their supervisor. The supervisor shall
submit documentation regarding the incident to the Finance Department within twent�r-four (24) hours
of the time of the damage or accident. A copy of the Minnesota Motor Vehicle Accident Report must be
submitted for all vehicle accidents.
Further details on this policy and a complete summary of responsibilities and procedures are available
from the Safety Coordinator.
Workers' Compensation
An employee temporarily unable to work due to an injury or illness sustained in the performance of their
cit�- work may be eligible for Workers' Compensation subject to the pro�=isions of the State of Minnesota
Workers' Compensation Law.
An employee who becomes eligible to receive Workers' Compensation will retain the total amount of the
Workers' Compensation check and may receive the difference between their ��lorkers' Compensation
payment and the employee's regular gross salary with accrued sick leave. If accrued sick leave is not
available, vacation or compensatory time may be used. The total of the `�Jorkers' Compensation check
and the accrued leave compensation may not exceed the employee's normal gross pay.
Page 46�63
Conduct
Ethics of Public Employment
The city affirms it is in the public's interest and general welfare of the community and its residents that a
statement of ethics be established for all city employees.
Employees shall not use their official position for personal gain, engage in any business, transaction, or
have a financial interest, direcdy or indirectly, conflicting with the proper performance of their official
duties.
Accepting Gifts
Employ�ees shall not accept, either directly or indirectly, any money, property, gift, gratuity, reward, loan,
fee, discount, special consideration, or special accommodation arising from or offered because of their
employment or any activity connected with their employment with the city.
Employee Endorsements
No employee shall, in any manner or form, endorse, recommend, or advertise a product or service by
using the city's name or the employee's name and/or title.
Conflict of Interest
The credibilit�� of local government rests heavily upon the confidence residents have in public officials to
render fair and impartial services to all without regard to personal interest and/or political influence.
Thus, cin- officials and employees must scrupulously a�=oid any acti�rities that suggest a conflict of interest
between their private interests and cit�r responsibilities.
The cit�r has adopted a Conflict of Interest Ordinance that addresses these issues (Chapter 2, Article 3,
Division 3, Section 2-132). Employees and officials are required to follow all applicable laws related to
conflicts of interest, including the city's Conflict of Interest Ordinance which can be found on Acce.r.r Elk
Kz'ver and in the Cit�r Code of Ordinances.
Whistleblower Protections
An employee of the city who, in good faith, reports an activity that s/he considers to be illegal or
dishonest to one or more of the parties may have whistleblower protections. The whistleblower is not
responsible for investigating the activity or for determining fault or corrective measures; appropriate city
management officials are charged with these responsibilities.
E�amples of illegal or dishonest activities include violations of federal, state, or local laws; billing for
services not performed or for goods not delivered; and other fraudulent financial reporting.
If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee
is to contact his/her immediate supervisor or Human Resources. The employee must e�ercise sound
judgment to avoid baseless allegations. An employee who intentionally files a false report of
wrongdoing may be subject to discipline up to and including termination.
Page 47�63
It is the city's legal responsibility to protect employees who make a complaint of employment
discrimination, who serve as a wimess or participate in an investigation, or who are e�ercising their
rights when requesting religious or disabilit�- accommodation from retaliation.
Whistleblower protections are provided in two important areas — confidentialit�- and against retaliation;
insofar as consistent with Minnesota Government Data Practices, the confidentialit�- of the
whistleblower will be maintained. However, identit�- may have to be disclosed to conduct a thorough
investigation, to comply with the law and to provide accused individuals their legal rights of defense.
The cit�r will not retaliate against a whisdeblower. This includes but is not limited to, protection from
retaliation in the form of an adverse employment action such as termination, compensation decreases,
or poor work assignments and threats of physical harm. Any whistleblower who belie�=es s/he is being
retaliated against must contact Human Resources immediately. The right of a whistleblower for
protection against retaliation does not include immunit�- for any personal wrongdoing.
Sexual Harassment and Respectful Workplace
Employees have a right to work in an environment free from discrimination and intimidation, including
harassment. The mission of the city is best accomplished in an atmosphere of professionalism that in
turn is supported by mutual respect and trust The cit�- expects all employees to work toward this goal.
Harassment based on a person's race, color, creed, religion, national origin, sex, se�ual orientation,
gender, gender identity, gender expression, disability, age, marital status, familial status, pregnancy, status
regarding public assistance, veteran status, or any other protected class status may be unlawful and is
strictly prohibited.
Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect employees to
accept verbal and other abuse from any customer.
An employee may request that a supervisor intervene when a customer is abusive, or the employee may
defuse the situation themselves, inclucling professionally ending the contact.
If there is a concern about the possibility of violence, the employee should use his/her discretion to call
911, and as soon as feasible, a supervisor. Employees should leave the area immediately when violence is
imminent unless their duties require them to remain (such as police officers). Employees must notify
their supervisor about the incident as soon as possible.
Definitions of Sexual and Other Forms of Harassment
Harassment consists of unwelcome conduct based on a person's race (including traits associated with
race, including, but not limited to, hur texture and hair styles such as braids, locs and twists), color, creed,
religion, national origin, sex, sexual orientation, gender, gender identit�-, gender expression, disability, age,
marital status, familial status, pregnancy, 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 explicidy or implicidy:
• a term or condition of emplo�rment; or
■ a basis for an employment decision affecting your job; or
■ has the purpose or result of unreasonably interfering with your work performance or creating an
intimidating, hostile, or offensive work environment.
The city prohibits harassment in any form, including verbal, physical, and visual harassment.
Page 48�63
Sexual harassment includes unwelcome sexual advances, requests for sexual fa�Tors, sexually motivated
phy sical contact or other verbal or phy sical 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 eYplicitly or implicitly:
a term or condition of employment; or
a basis for an employment decision affecting your job; or
has the purpose or result or unreasonably interfering with your work performance or creating an
intimidating, hostile, or offensive work environment.
The city prohibits sexual harassment in any form, including verbal, physical, and visual harassment.
Some examples of conduct that may be sexual harassment under this policy include:
■ Use of offensive or demeaning terms which have sexual connotations.
■ Telling suggestive jokes or stories and conversations about se�ual exploits, sexual preferences,
and desires.
■ Posting jokes, cartoons, pictures, objects, or stories which have a sexual content.
■ Threats, demands or suggestions that an employee's work status, advancement, or other terms
and conditions of employment are contingent upon the employee's toleration of or acquiescence
to unwelcome sexual advances.
■ Repeated, unwelcome sexual flirtations, propositions, or invitations to social engagements; or
unwelcome and objectionable physical contact or physical pro�mity.
Types of Disrespectful Behavior
■ Violent behavior including the use of physical force, harassment, bullying, or intimidation.
■ Discriminatory behavior including inappropriate remarks about or conduct related to a person's
legally protected characteristic such as race, color, creed, religion, national origin, disability, sex,
gender, pregnancy, marital status, age, sexual orientation, gender identity or gender expression,
familial status, or status regarding public assistance.
■ Offensive behavior including such actions as rudeness, angry outbursts, inappropriate humor,
vulgar obscenities, name calling, disparaging language, or any other behavior regarded as
offensive to a reasonable person. It is not possible to anticipate in this policy every example of
offensi�=e behavior. Accordingly, employees are encouraged to discuss with their fellow
employees and supervisor what is regarded as offensive, considering the sensibilities of
employees and the possibility of public reaction.
Although the standard for how employees treat each other and the public will be the s�ne
throughout the city, there may be differences between work groups about what is appropriate
in other circumstances unique to a work group. If an employee is unsure whether a particular
behavior is appropriate, the employee should request clarification from their supervisor or the
city administrator.
Scope of Policy
This policy prohibits harassment, sexual harassment, and disrespectful behavior by members of the same
or opposite sex. In addition, this policy prohibits any form of harassment or disrespectful behavior by
any individual, inclucling managers and supervisors, employees, co-workers, and third parties such as
clients, elected officials, consultants, contractors, or vendors who interact with employees.
Responding to Disrespectful Workplace Behavior
All employees should feel comfortable calling their supervisor or another manager to request assistance
Page 49�63
should they not feel comfortable with a situation. If situations involve violent behavior call the police,
ask the individual to leave the area, and/or take other reasonable action.
If employees see or overhear what they believe is a violation of this policy, employees should advise a
supervisor, the cit�- administrator, or human resources promptly.
Employees who believe disrespectful behavior is occurring are encouraged to deal with the situation in
one of the way s listed below. If there is a concern about the possibility of violence, the indi�ridual
should use his/her discretion to ca11911, and as soon as feasible, notify a supervisor. In the event the
disrespectful beha�=ior occurring invol�Tes the employee's super�=isor, the employee should contact
human resources, the supen=isor's manager, or the city administrator.
Ste 1 a. If you feel comfortable doing so, professionally, but firmly, tell whoever is engaging in the
disrespectful behavior how you feel about their actions. Politely request the person to stop the
behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with
you for this discussion.
Ste 1 b. If you fear adverse consequences could result from telling the offender or if the matter is
not resolved by direct contact, go to your supervisor, human resources, your supervisor's supervisor,
or the cin- administrator. The person to whom you speak is responsible for documenting the issues
and for giving you a status report on the matter.
In some situations, such as with an offender from the public it is preferable to avoid one on one
interactions. Talk to your supervisor about available options to ensure there are others available to help
with transactions with the offender.
Ste 1 c. The city urges conduct which is viewed as offensive be reported immediately to allow for
corrective action to be taken through education and immediate counseling, if appropriate. It is vitally
important you notify a supenrisor, the cit�- administrator, or human resources promptly of your
concerns. Any employee who observes sexual harassment or discriminatory behavior, or receives any
reliable information about such conduct, must report it promptly to a supervisor, human resources, or
the citv administrator.
Reporting Harassment including Sexual Harassment
If at any time you feel you are being harassed, you should immediatelv contact:
■ your supervisor; and/or
■ a department director; and/or
■ Human Resources; and/or
■ the city administrator.
The cit�� wants to resolve any problems, but it can do so only if it is aware of them. The city encourages
anyone who believes s/he is being harassed to immediately report all incidents of perceived harassment.
Your report may be verbal or written; in either case, it is important that you state that your report is being
made under this harassment policy, or that it concerns harassment You may choose to whom you mal�e
the report; that choice, however, must be made from the list of individuals named above.
The city will promptly investigate harassment complaints and take appropriate action. Employees found
to have committed harassing acts will be subject to corrective action up to and inclucling termination.
City's Response
Employees who have a complaint of disrespectful workplace behavior will be taken seriously.
Page 50�63
In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations
promptly to human resources or the city administrator, who will determine whether an investigation is
warranted. A supervisor must act upon such a report even if requested othenvise by the victim.
In situations other than sexual harassment and discriminatory behavior, supen=isors will use the
following guidelines when an allegation is reported:
Ste 1 a. If the nature of the allegation and the wishes of the victim warrant a simple intervention, the
supervisor may choose to handle the matter informally. The supervisor may conduct a coaching
session with the offender, explaining the impact of his/her actions and requiring the conduct not
reoccur. This approach is particularly appropriate when there is some ambiguity about whether the
conduct was disrespectfuL The allegation shall be reported to human resources or the city
administrator.
Ste 1 b. Supervisors, when talking with the reporting employee, will be encouraged to ask him/her
what he/she wants to see happen next When an employee comes forward with a complaint, it is
important to note the city cannot promise complete confidentialin-, due to the need to investigate the
issue properly. However, any investigation process will be handled as confidentially as practical and
related information will only be shared on a need-to-know basis and in accordance with the Minnesota
Government Data Practices Act and/or any other applicable laws.
Ste� 2. If a formal in�=estigation is warranted, the indi�ridual alleging a violation of this policy will be
interviewed to discuss the nature of the allegations. Formal investigations will be prompt, impartial,
and thorough. The person being interviewed may have someone of his/her choosing be present during
the intenriew. Typically, the investigator will obtain the following description of the incident, including
date, time, and place:
• Corroborating evidence.
• A list of witnesses.
• Identification of the offender.
To facilitate fostering a respectful work environment, all employees are encouraged to respond to
questions or to otherwise participate in investigations regarding alleged harassment.
Ste� 3. The supervisor must notify human resources or the city administrator about the allegations.
Ste� 4. In most cases, as soon as practical after receiving the written or verbal complaint, the alleged
policy violator will be informed of the allegations, and the alleged violator will have the opportunity to
answer questions and respond to the allegations. The city will follow any other applicable policies or
laws in the investigatory process.
Ste� 5. After adequate investigation and consultation with the appropriate personnel, a decision will be
made regarding whether disciplinary action will be taken.
Ste� 6. The alleged violator and complainant will be advised of the findings and conclusions as soon
as practicable and to the extent permitted by the Minnesota Government Data Practices Act.
Ste� 7• The city will tal�e reasonable and timely action, depending on the circumstances of the
situation.
The city is not voluntarily engaging in a dispute resolution process within the meaning of Minn. Stat �
363A.28, subd. 3(b) by adopting and enforcing this workplace policy. The filing of a complaint under
this policy and any subsequent investigation does not suspend the one-year statute of limitations
Page 51 �63
period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the
Commissioner of the Department of Human Rights.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed anonymit�-. The
person's name and statements may have to be provided to the alleged offender. All complaints and
investigative materials will be contained in a file separate from the involved employees' personnel files.
If disciplinary action does result from the investigation, the results of the disciplinary action will then
become a part of the employee(s) personnel file(s).
Retaliation
Retaliation is strictly prohibited. Retaliation includes, but is not limited to, any form of intimidation,
reprisal, or harassment Individuals who report harassing conduct, participate in in�=estigations, or take
any other actions protected under federal or state employment discrimination laws will not be subject
to retaliation.
Retaliation is broader than discrimination and includes, but is not limited to, any form of intimidation,
reprisal, or harassment. While each situation is �=ery fact dependent, retaliation can include a denial of a
promotion, job benefits, or refusal to hire, discipline, negative performance evaluations, or transfers to
less prestigious or desirable work or work locations because an employee has engaged or may engage
in activity in furtherance of EEO laws.
It can also include threats of reassignment, removal of supervisory responsibilities, filing civil action,
deportation or other action with immigration authorities, disparagement to others or the media, and
making false report to go�=ernment authorities because an employee has engaged or may engage in
protected activities. Any individual who retaliates against a person who testifies, assists, or participates
in an investigation may be subject to disciplinary action up to and including termination.
If you feel retaliation is occurring within the workplace, report your concern immediately to your
immediate supervisor, your supervisor's manager, human resources, or the city administrator.
Supervisors who have been approached by employees with claims of retaliation will take the complaint
seriously and promptly report the allegations to the cit�r administrator, or if the complaint is against the
city administrator to human resources, who will decide how to proceed in addressing the complaint.
Consistent with the terms of applicable statutes and cin� personnel policies, the cit�- may discipline any
individual who retaliates against any person who reports alleged violations of this policy. The cit�- may
also discipline any indi�=idual who retaliates against any participant in an investigation, proceeding, or
hearing relating to the report of alleged violations.
Questions About Policy
Any questions about this policy or a related matter should be referred to the city administrator or Human
Resources.
Workplace Violence and Possession of Dangerous Weapons
The city seeks to provide a safe and secure workplace environment for employees, volunteers, vendors,
and citizens. Violence, or the threat of violence, has no place on city premises.
The city is committed to preventing the potential for violence in and around the workplace and to
fostering a work environment of respect and positive conflict resolution.
Page 52�63
Many employees may be exposed to violence by the nature of their jobs. Violence or the threat of
�=iolence by or against any employee or other person while on city premises is strictly prohibited and may
subject the individual to serious disciplinary action and/or criminal charges.
Possession, use, or threatened use of an object that could be considered a dangerous weapon, including
all firearms, is prohibited on city premises, including city vehicles and personal vehicles used for city
business. This includes employees with �Talid permits to carry firearms.
The following e�ceptions to the dangerous weapons prohibition are as follows:
Employees legally in possession of a firearm for which the employee holds a valid permit, if
required, and said firearm is concealed from view within a locked personal vehicle while that
person is working on city property.
A person who is showing or transferring the weapon or firearm to a police officer as part of an
investigation.
Police officers and employees who are in possession of a weapon or firearm in the scope of their
official duties.
The city strives to provide a workplace environment in which all its officials and employees treat each
other, their customers, clients, and all others with courtesy, dignity, and respect.
Drug and Alcohol Policy
Employees are eYpected and required to report to work on time and in appropriate mental and phy sical
condition. It is the city's intent and obligation to pro�=ide a drug-free, safe, and secure work en�rironment.
The cit�� contracts with federal agencies and is subject to the federal Drug-Free `�Uorkplace Act which
places certain requirements on employers to maintain a drug-free workplace. In accordance with the act,
y ou are hereby notified:
The unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance
(inclucling alcohol) is prohibited on city property or while conducting city business. Employees violating
this prohibition may be subject to disciplinary action including, but not limited to, suspension or
termination, and may have legal consequences.
Controlled substances include, but are not limited to, opiates, hallucinogenic substances, depressants,
stimulants, and narcotics. The Drug-Free Workplace Act prohibits only unla2aful (federal) use, possession,
or distribution of such drugs in the workplace, and not the lawful use of prescription medications.
The lawful use of a controlled substance, including alcohol and cannabis is prohibited on city property or
while conducting city business with an exception for use in the Alcohol Product Sampling Policy
pertaining to municipal liquor store employees. Employees violating this prohibition may be subject to
disciplinary action including, but not limited to, suspension or termination.
Employees taking prescription or over-the-counter dsugs that may affect the safety of others must obtain
a determination from their physician as to whether the drug could affect the job safety of the employee
or others. If job safety may be affected, the employee must inform his or her immediate supervisor so
that appropriate accommodations and arrangements can be made.
Page 53�63
The cit�� recognizes drug abuse as a potential health, safet��, and security problem. Employees needing
help in dealing with such problems are encouraged to use the Employee Assistance Plan or their health
insurance plans, as appropriate.
As a condition of continued employment at the city, all employees must:
■ Abide by the terms of this policy; and
■ Notify the employee's supervisor, Human Resources, or city administrator of any criminal drug
statute conviction arising out of a violation occurring on or off work premises while conducting
cit�r business no later than five days after the conviction.
The city retains the right, at its sole discretion, to report employee conduct violating this policy to law
enforcement officials and to turn over any controlled substances to the custody of law enforcement
officials.
It is the cit�r's continued policy to maintain a drug-free workplace. If you have questions about this policy,
its implementation, or its application to you, please contact the cit�r administrator or Human Resources.
Page 54�63
EXHIBIT A
C ity of E I k Rive r
Fitness Room Policy
INTRODUCTION
The City of E1k River strongly believes in a philosophy of promoting employee wellness. An employee
wellness program benefits both the employer and employee as well as the community. Healthy employees
tend to be more productive and healthy employees reduce expenditures (i.e. city insurance costs; use of
sick time and its related overtime expenses; etc.).
In the spirit of a healthy workplace, the city provides and outfits a fitness room as one part of a greater
city wellness program.
POLICY
This policy encourages everyone to utilize the wellness room; with respect to limitations of t�-pes of
equipment, locker space and workout space.
Employee and Guest
The fitness room is not a health club. Use of this room and equipment is open to all cit�- and municipal
utilities employees, and cin- council Members. Employees may bring one guest at any one time. Guests
are not allowed use of the facility without the Employee. Guests must be over the age of eighteen (18).
Due to safet�- and insurance issues, no one under the age of eighteen �18) is allowed in the fitness room
under an�r circumstances.
1'�`�
All employees who use the fitness room and equipment, and all �uests, must sign a release waiver OriOY to
using the fimess room. This is a requirement of the cit�- insurance company.
Available Times
The fimess room is open 24-hours a day, but ,guests are onl�r allowed with an emplo�ree.
Lockers and Showers
Lockers and showers are available. Lockers are intended to secure street clothes and valuables while
exercising, not as an extended use. Employees shall leave the locker rooms in a clean, neat condition and
shall not leave personal items in the lockers. Employees should be courteous - keep your time limited in
the locker rooms if others are waiting.
The city does not provide towels for the locker room or for use with the equipment.
Miscellaneous Issues
■ Training on the use of the equipment can be arranged in group settings, as necessary.
■ After receipt of a signed agreement, key reader access will be provided to employees who desire
access to the room.
■ Disinfecting supplies are in the fitness room and users must clean equipment after use.
Conduct and Procedures
1. Proper Attire is required at all times including shirts and closed-toe footwear.
2. Foul or Abusive Langua�e is prohibited.
3. Dumbbells, plates, and other equipment must be returned to the proper rack, stand, or location.
4. Dro�ping of Dumbbells or other equipment on the fitness room floor is not allowed.
5. Machines such as exercise bike, treadmill, and stair climber should be powered off after use unless
others are ��aiting to use it.
6. Disinfecting Su�plies are pro�=ided. All equipment should be disinfected after each use.
7. Breakdown of any piece of equipment should be tagged and brought to the attention of a supervisor
as soon as possible.
8. Chalk is allowed if used neativ.
9. Music is allowed if kept at a reasonable level and is powered off when leaving the room.
10. Lights and fans should be turned off when the fitness room is not in use.
Fitness Room
Agreement and Release
The City of E1k River ("City") has made available a fitness and workout facility (the "Facility") for the
e�clusive use of city and municipal utilities employ-ees, and city council members ("Employee").
Employee's may be accompanied by one (1) guest who must be 18 years of age or older.. City and
municipal utilities employees and council members are responsible for their guest. The undersigned
employee and their guest ("Employee") shall be permitted to mal�e use of the Facilit�- upon the
following terms and conditions:
1. Employee agrees to use the Facility onl�r in accordance with rules and regulations adopted by the
City-, in the City's sole discretion.
2. Employee specifically agrees not to use the Facility while under the influence of any mind-altering
drug or chemical, inclucling specifically, but not e�clusively, alcohol of any sort.
3. Employee acknowledges that no instruction as to the use of the Facility or any equipment therein
will be provided by the City. Employee agrees to take sole responsibility to become familiar with the
proper and safe use of any equipment within the Facility.
4. Employee acl�nowledges that certain risks may eYist in the use of fitness and workout equipment.
These risks include injury through defective equipment or improper use of equipment or improper
conduct by Employee or third parties. Employee agrees to release City and its respective officers and
employees from any claim Employee may ha�=e to any incident which occurs in or arises in any way out
of Employee's use of the Facilit�- or any equipment therein including specifically, but not exclusi�rely,
claims for personal injury, death, or property damage. Employee further agrees to indemnify, defend
and hold harmless the city and its officers and employees and agents from claims for personal injury,
death, or property damage for incidents occurring in or about the Facilinr.
5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE SUPERVISED
AND AGREES THAT EMPLOYEE MAI�ES USE OF THE FACILITY AT EMPLOYEE'S OWN
RISK.
6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO ABIDE BY
THE RULES STATED IN THE POLICY.
7. Terms of this Agreement apply equally to the guest as to the Employee.
Employee's Signature
Print Name
D ate
EXHIBIT B
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 working in areas where there is a danger of foot injuries due to:
Falling and rolling objects
Objects piercing the sole
Exposure to electrical hazards
Employees required to wear protective footwear include: Street/Parks employees, Wastewater
Treatment Facilin� employees, Building Maintenance employees except custodians, Building Inspectors,
Fire Inspectors, and any cit�- employee required to wear protective footwear as determined by their
supervisor.
Protective Footwear Standard
Must comply with ASTl�1 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 $75 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 exceeding approved allowance is the
responsibility of the employee.
Adopted: May 17,1999
Updated: February 9, 2004
December 2020
August 8, 2023
EXHIBIT C
City of Elk River
Prescription Safety Eyewear Policy
Prescription Safety Eyewear
For those regular employees required to wear eye protection, the city will pay for basic protective eyewear
for single vision, bifocal, and trifocal prescriptions (includes safet�-lenses, standard frame with side
shields, case, and dispensing fee).
The city will provide one (1) complete pair of clear protective industrial safety eyewear every two (2) years
or at the supervisor's discretion due to prescription change or damage resulting from work-related
hazards. "Clear" lenses under this definition will also include lens tints in shades 1 or 2. Transition or
changeable tint lenses that meet OSHA standard 87Z will be allowed.
The eye protection selected must clearly identify the manufacturer. riny new eye protective de�Tices
must comply with any of the following: ANSI Z87.1-2010, r1NSI Z87.1-2003, or ANSI Z87.1-
1989(R1998) or be at least as effecti�re as this standard requires.
All charges relating to eye e�aminations, optional frame st�-les, or lens treatments will be the responsibilit�-
of the employee.
Employees shall use only ��lalman Optical approved providers. A list of approved providers can be found
at www.��JalmanOpticalsafetyeyewear.com under Resources, Find an Eye Doctor. Order forms are on
Access under Safety, Safet�- Forms.
Adopted: May 17,1999
Updated: July 18, 2001
September 2014
December 2020
December 2023