HomeMy WebLinkAbout#06 - Personnel Policy and FMLA PolicySTAFF REPORT
DATE: November 14, 2017
AGENDA ITEM: Personnel Policy and FMLA Policy
TO: Mayor and Council
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: For the last couple years the Human Resources Committee has been working on an update to the Personnel
Policy. Last year they began working from the League of MN Cities model policy. Since the union contract was approved in August, the committee finalized their recommendations in September to be reviewed by legal. ISSUE BEFORE COUNCIL: Are there any changes needed to the draft Personnel Policy?
PROPOSAL DETAILS/ANALYSIS: Included in your packet is the draft policy which was worked on by the Human Resources Committee following the 2016 League of MN Cities model policy. Legal updates were made to clarify some sections that had been updated since the League released a new model this year. Changes include replacing “training” with ”probationary” throughout the document; adding examples of testing and examinations; assigning and scheduling work; job descriptions and classifications; layoffs; immediate family definition consistent with the union contract; military leave; jury duty; a separate FMLA policy using the League’s model again; pregnancy and parenting leave; bone marrow/organ donation leave; elections/voting; updates to sexual harassment and retaliation sections; possession and use of dangerous weapons; language clarifications for veterans; meal allowance; reporting accidents and illnesses and access to gender-segregated activities and areas. The Personnel Policy includes information on handling media requests; citywide work rules and code of
conduct; employee recruitment and selection; hours of work; compensation; performance reviews; benefits; holidays; leaves of absence; sexual harassment prevention; respectful workplace policy; separation from service; discipline; grievance procedure; employee education and training; outside employment; city
driving policy; cell phone use; and safety issues. Whenever possible, the draft mirrors what is included in the union agreement, i.e. holidays, funeral leave, PTO. FISCAL IMPACT: NA OPTIONS: Discuss policy and provide direction to staff before bringing to a regular Council meeting for adoption. ATTACHMENT:
• Draft Personnel Policy
• Draft FMLA Policy
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HUMAN RESOURCES & BENEFITS INFORMATION
PERSONNEL POLICY
Adopted November XX, 2017
INTRODUCTION
Purpose
This handbook provides information to you, as an employee of the City of Lake Elmo,
about certain terms and conditions of your employment. It is not, and should not be
considered, an employment contract. Your continued employment, and the conditions of
the employment, is solely within the discretion of the City of Lake Elmo. The handbook
summarizes major policies and programs related to your employment. Additional
information about many of these policies and programs is available from the city’s
Administration office. Please take advantage of those resources to assure that you are
fully aware of your rights and responsibilities as an employee of the City of Lake Elmo.
Except as otherwise prohibited by law, the City of Lake Elmo has the right to terminate
any employee at any time for any or no reason. Employees may similarly terminate
employment at any time for any reason.
Scope
These policies apply to all employees of the city, unless covered in a collective
bargaining agreement. Except where specifically noted, these policies do not apply to:
1. Elected officials
2. City attorney
3. Members of city boards, commissions, and committees
4. Consultants and contractors
5. Volunteers, except as specifically noted for paid-per-call firefighters.
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If any specific provisions of the personnel policies conflict with any current union
agreement or civil service rules, the union agreement or civil service rules will prevail.
Union employees are encouraged to consult their collective bargaining agreement first for
information about their employment conditions. Nothing in these policies is intended to
modify or supersede any applicable provision of state or federal law.
These policies serve as an information guide to help employees become better informed
and to make their experience with the city more rewarding. Departments and other
classes of employees may have special work rules deemed necessary by the supervisor
and approved by the city administrator for the achievement of objectives of that
department. Each employee will be given a copy of such work rules by the department
upon hiring and such rules will be further explained and enforcement discussed with the
employee by the immediate supervisor.
DEFINITIONS
For purposes of these policies, the following definitions will apply:
Authorized Hours
The number of hours an employee was hired to work. Actual hours worked during any
given pay period may be different than authorized hours, depending on workload
demands or other factors, and upon approval of the employee’s supervisor.
Benefits
Privileges granted to qualified employees in the form of paid leave and/or insurance
coverage.
Demotion
The movement of an employee from one job class to another within the city, where the
maximum salary for the new position is lower than that of the employee’s former
position.
Direct Deposit
As permitted by state law, all city employees are required to participate in direct deposit.
Employee
An individual who has successfully completed all stages of the selection process,
including the probationary period.
Exempt Employee
Employees who are not covered by the overtime provisions of the federal or state Fair
Labor Standards Act.
FICA (Federal Insurance Contributions Act)
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FICA is the federal requirement that a certain amount be automatically withheld from
employees’ earnings. Specifically, FICA requires an employee contribution of 6.2
percent for Social Security and 1.45 percent for Medicare. The city contributes a
matching 7.65 percent on behalf of each employee. Certain employees are exempt or
partially exempt from these withholdings (e.g., police officers).
Fiscal Year
The period from Jan. 1 to Dec. 31.
Full-Time Employee
Employees who are required to work forty (40) or more hours per week year-round in an
ongoing position.
Hours of Operation
The city’s regular hours of operation are Monday through Friday, from 8 a.m. to 4:30
p.m.
Immediate Family
The employee’s spouse, and the children, grandchildren, parents, grandparents, brothers
and sisters, of the employee and the employee’s spouse, including all step relations.
Management Employee
An employee who is responsible for managing a department or division of the city.
Non-Exempt Employee
Employees who are covered by the federal or state Fair Labor Standards Act. Such
employees are normally eligible for overtime at 1.5 times their regular hourly wage for
all hours worked over forty (40) in any given workweek.
Part-Time Employee
Employees who are required to work less than forty (40) hours per week year-round in an
ongoing position.
Pay Period
A fourteen (14) day period beginning at 12:01 a.m. on Saturday through midnight on
Friday, fourteen (14) days later.
PERA (Public Employees Retirement Association)
Statewide pension program in which all city employees meeting program requirements
must participate in accordance with Minnesota law. The city and the employee each
contribute to the employee’s retirement account.
Promotion
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Movement of an employee from one job class to another within the city, where the
maximum salary for the new position is higher than that of the employee’s former
position
Reclassify
Movement of a job from one classification to another classification because of a
significant change in the position’s duties and responsibilities
Seasonal Employee
Employees who work only part of the year (67 days or less) to conduct seasonal work.
Seasonal employees may be assigned to work a full-time or part-time schedule. Seasonal
employees do not earn benefits or credit for seniority.
Service Credit
Time worked for the city. An employee begins earning service credit on the first day
worked for the city. Some forms of leave will create a break in service.
Temporary Employee
Employees who work in positions that have a defined start and end date or are for the
duration of a specific project. Temporary employees may be assigned to work a full-time
or part-time schedule. Temporary employees do not earn benefits or credit for seniority.
Probationary Period
A six-month period at the start of employment with the city (or at the beginning of a
promotion, reassignment, or transfer) that is designated as a period within which to learn
the job, unless covered by a collective bargaining agreement stating a different time
frame. The probationary period is an integral extension of the city’s selection process and
is used by supervisors for closely observing an employee’s work. An employee serving
his/her initial probationary period may be disciplined at the sole discretion of the City, up
to and including dismissal. An employee so disciplined, including dismissal, will not
have any grievance rights.
Nothing in this policy handbook shall be construed to imply that during or after
completion of the probationary period, an employee has any vested interest or property
right to continued City employment.
Time served in temporary, seasonal, volunteer or interim positions are not considered part
of the probationary period. If an emergency arises during an employee’s probationary
period which requires a leave of absence, such time off, if granted, will not be considered
as time worked, and the probationary period will be extended by the length of time taken.
Transfer
Movement of an employee from one city position to another of equivalent pay.
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Weapons
Weapons are defined to include all legal or illegal firearms, switchblade knives, or any
other object that has been modified to serve as a weapon or that has the primary purpose
of serving as a weapon.
Workweek
A workweek is seven consecutive 24-hour periods. For most employees the workweek
will run from Saturday through the following Friday. With the approval of the city
administrator, departments may establish a different workweek based on coverage and
service delivery needs (e.g., police department, fire department, park and recreation
department).
EEO Policy Statement
The City of Lake Elmo is committed to providing equal opportunity in all areas of
employment, including but not limited to recruitment, hiring, demotion, promotion,
transfer, recruitment, selection, lay-off, disciplinary action, termination, compensation
and selection for training. The City of Lake Elmo will not discriminate against any
employee or job applicant on the basis of race, 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.
Data Practices 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 know 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
Minnesota Government Data Practices Act.
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 individual’s job duties should be routed to the
appropriate department or to the data practices authority.
Any employee who identifies a mistake in reporting should bring the error to the city
administrator or other appropriate staff. 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.
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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 city without
prior authorization from the city administrator or his/her designee. Media requests
include anything intended to be published or viewable to others in some form such as
television, radio, newspapers, newsletters, social media postings, and websites. When
responding to media requests, employees should follow these steps:
1. If the request is for routine or public information (such as a meeting time or agenda),
provide the information and notify the city administrator of the request.
2. If the request is regarding information about city 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. An
appropriate response would be, “I’m sorry, I don’t have the full information regarding
that issue. Let me take some basic information and submit your request to the
appropriate person, who will get back to you as soon as he/she can.” Then ask the
media representative’s name, questions, deadline, and contact information.
All news releases concerning city personnel will be the responsibility of the city
administrator or his/her designee.
When/if the city administrator authorizes a staff person 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. In most
cases, only factual information (not opinions or editorial comments) should be
provided: “The city finished street cleaning on 16 streets in the northwest corner
of the city this past week” instead of “The city is doing a great job with street
cleaning this year!” Corrections must be issued when needed.
Generally do not include personal opinions in official city statements. One
exception is communications related to promoting a city service. For example, an
employee could post the following on the city’s Facebook page: “My family
visited Hill Park this weekend and really enjoyed the new band shelter.”
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 the data transmitted or stored may be subject to the Minnesota
Government Data Practices Act.
Personal Communications and Use of Social Media
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It is important for city employees to remember that the personal communications of
employees may reflect on the city, especially if employees are commenting on city
business. 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:
Remember that what you write or post is public, and will be so for a long time. It
may also be spread to large audiences. Use common sense when using email or
social media sites. It is a good idea to refrain from sending or posting information
or photos that you would not want your boss or other employees to read, or that
you would be embarrassed to see in the newspaper. Keep in mind harassment,
bullying, threats of violence, discrimination, or retaliation that would not be
permissible in the workplace is not permissible between co-workers online, even
if it is done after hours, from home and on home computers.
The City of Lake Elmo 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 can be
reasonably viewed as malicious, obscene, threatening or intimidating,
disparaging, or might constitute harassment or bullying. Examples of such
conduct might include offensive posts meant to intentionally harm someone’s
reputation or posts that could contribute to a hostile work environment on the
basis of sex, race, national origin, age, color, creed, religion, disability, marital
status, familial status, veteran status, sexual orientation, gender identity, or gender
expression, status with regard to public assistance or membership or activity in a
local commission.
If you publish something related to city business, identify yourself and use a
disclaimer such as, “I am an employee of the City of Lake Elmo. However, these
are my own opinions and do not represent those of the City of Lake Elmo.”
City resources, working time, or official city positions cannot be used for personal
profit or business interests, or to participate in personal political activity. Some
examples: a building inspector could not use the city’s logo, email, or working
time to promote his/her side business as a plumber; a parks employee should not
access a park after hours even though he or she may have a key; a clerk, while
working at City Hall, should not campaign for a friend who is running for City
Council.
Personal social media account name or email names should not be tied to the city
(e.g., Lake Elmo Cop).
CITYWIDE WORK RULES & CODE OF CONDUCT
Conduct as a City Employee
In accepting city employment, employees become representatives of the city and are
responsible for assisting and serving the citizens for whom they work. An employee’s
primary responsibility is to serve the residents of Lake Elmo. Employees should exhibit
conduct that is ethical, professional, responsive, and of standards becoming of a city
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employee. To achieve this goal, employees must adhere to established policies, rules, and
procedures and follow the instructions of their supervisors.
The following are job requirements for every position at the City of Lake Elmo. All
employees are expected to:
Perform assigned duties to the best of their ability at all times.
Render prompt and courteous service to the public at all times.
Read, understand, and comply with the rules and regulations as set forth in these
personnel policies as well as those of their departments.
Conduct themselves professionally toward both residents and staff and respond to
inquiries and information requests with patience and every possible courtesy.
Report any and all unsafe conditions to the immediate supervisor.
Maintain good attendance while meeting the goals set by your supervisor.
Attendance & Absence
The operations and standards of service in the City of Lake Elmo require that employees
be at work unless valid reasons warrant absence or an employee has a position that has
been approved to work remotely. In order for a team to function efficiently and
effectively, employees must fully understand the goals that have been set for them and
the time that is required to be on the job. Understanding attendance requirements is an
essential function of every city position.
Employees who are going to be absent from work are required to notify their supervisor
as soon as possible in advance of the absence. In case of an unexpected absence,
employees should call their supervisor before the scheduled starting time and keep in
mind the following procedures:
If the supervisor is not available at the time, the employee should leave a message
that includes a telephone number where he/she can be reached and/or contact any
other individual who was designated by the supervisor.
Failure to use the established reporting process will be grounds for disciplinary
action.
The employee must call the supervisor on each day of an absence extending
beyond one (1) day unless arrangements otherwise have been made with the
supervisor.
Employees who are absent for three (3) days or more and who do not report the
absence in accordance with this policy, will be considered to have voluntarily
resigned not in good standing.
The city may waive this rule if extenuating circumstances warranted such
behavior.
This policy does not preclude the city from administering discipline for unexcused
absences of less than three (3) days. Individual departments may establish more specific
reporting procedures.
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For budgetary and confidentiality reasons, non-exempt employees (eligible for overtime
pay) are not authorized to take work home or work through lunch without prior approval
from their supervisor.
Access to and Use of City Property
Any employee who has authorized possession of keys, tools, cell phones, pagers, or other
city-owned equipment must register his/her name and the serial number (if applicable) or
identifying information about the equipment with his/her supervisor.
All such equipment must be turned in and accounted for by any employee leaving
employment with the city in order to resign in good standing.
Employees are responsible for the safekeeping and care of all such equipment. The
duplication of keys owned by the city is prohibited unless authorized by the city
administrator. Any employee found having an unauthorized duplicate key will be subject
to disciplinary action.
Appearance
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. Dress needs
vary by function. Employees who spend a portion of the day in the field need to dress in a
professional manner appropriate to their jobs, as determined by their supervisor.
Employees may dress in accordance with their gender identity, within the constraints of
the dress codes adopted by the city. City staff shall not enforce the city’s dress code more
strictly against transgender and gender diverse employees than other employees.
Conflict of Interest
City employees are to remove themselves from situations in which they would have to
take action or make a decision where that action or decision could be a perceived or
actual conflict of interest or could result in a personal benefit for themselves or a family
member. If an employee has any question about whether such a conflict exists, he/she
should consult with the city administrator.
Falsification of Records
Any employee who makes false statements or commits, or attempts to commit, fraud in
an effort to prevent the impartial application of these policies will be subject to
immediate disciplinary action up to and including termination and potential criminal
prosecution.
Personal Telephone Calls
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Personal telephone calls are not to interfere with city work and are to be completed as
quickly as possible. Any personal long distance call costs will be paid for by the
employee. Please refer to the cell phone policy for information on use of cellular phones.
Political Activity
City employees have the right to express their views and to pursue legitimate
involvement in the political system. However, no city employee will directly or
indirectly, during hours of employment, solicit or receive funds for political purposes.
Further, any political activity in the workplace must be pre-approved by the city to avoid
any conflict of interest or perception of bias such as using authority or political influence
to compel another employee to apply for or become a member in a political organization.
Smoking
The City of Lake Elmo observes and supports the Minnesota Clean Indoor Air Act. All
city buildings and vehicles, in their entirety, shall be designated as tobacco free, meaning
that smoking in any form (through the use of tobacco products such as pipes, cigars, and
cigarettes) or “vaping” with e-cigarettes is prohibited while in a city facility or vehicle.
Smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the
use of chewing tobacco, is prohibited for employees while on duty. Employees 18 and
over are allowed to smoke only during their breaks and lunch, and only in areas
designated for that purpose.
EMPLOYEE RECRUITMENT & SELECTION
Scope
The city administrator or a designee will manage the hiring process for positions within
the city. While the hiring process may be coordinated by staff, the City Council is
responsible for the final hiring decision and must approve all hires to city employment.
All hires will be made according to merit and fitness related to the position being filled.
Features of the Recruitment System
The city administrator or designee will determine if a vacancy will be filled through an
open recruitment or by promotion, transfer, or some other method. This determination
will be made on a case-by-case basis. The majority of position vacancies will be filled
through an open recruitment process.
Application for employment will generally be made by application forms provided by the
city. Other materials in lieu of a formal application may be accepted in certain
recruitment situations as determined by the city administrator or designee. Supplemental
questionnaires may be required in certain situations. All candidates must complete and
submit the required application materials by the posted deadline, in order to be
considered for the position.
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The deadline for application may be extended by the city administrator. Unsolicited
applications will not be kept on file.
Position vacancies may be filled on an “acting” basis as needed. The City Council will
approve all acting appointments. Pay rate adjustments, if any, will be determined by the
City Council.
Testing and Examinations
Applicant qualifications will be evaluated in one or more of the following ways: training
and experience rating; written test; oral test or interview; performance or demonstrative
test; physical agility test; or other appropriate job-related exam. For example:
Keyboarding exercises for data entry positions.
Writing exercises for positions requiring writing as part of the job duties.
“In-basket” exercise for an administrative support position (sets up real-life
scenarios and items that would likely be given to the position for action, and asks
the candidate to list and prioritize the steps they would take to complete the
tasks).
Mock presentation to the City Council for a planning director position, for
example.
Internal recruitments will be open to any city employee who: (1) has successfully
completed the initial probationary period; (2) meets the minimum qualifications for the
vacant position; and (3) is currently in good standing with the city.
The City Council or designee will establish minimum qualifications for each position
with input from the appropriate supervisor. To be eligible to participate in the selection
process, a candidate must meet the minimum qualifications.
Pre-Employment Medical Exams
The city administrator or designee may determine that a pre-employment medical
examination, which may include a psychological evaluation, is necessary to determine
fitness to perform the essential functions of any city position. Where a medical
examination is required, an offer of employment is contingent upon successful
completion of the medical exam.
When a pre-employment medical exam is required, it will be required of all candidates
who are finalists and who are offered employment for a given job class. Information
obtained from the medical exam will be treated as confidential medical records.
When required, the medical exam will be conducted by a licensed physician designated
by the city with the cost of the exam paid by the city. (Psychological/psychiatric exams
will be conducted by a licensed psychologist or psychiatrist). The physician will notify
the city administrator or designee that a candidate either is or isn’t medically able to
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perform the essential functions of the job, with or without accommodations, and whether
the candidate passed a drug test, if applicable. If the candidate requires accommodation to
perform one or more of the essential functions of the job, the city administrator or
designee will confer with the physician and candidate regarding reasonable and
acceptable accommodations. If a candidate is rejected for employment based on the
results of the medical exam, he/she will be notified of this determination.
Selection Process
The selection process will be a cooperative effort between the city administrator or
designee and the hiring supervisor, subject to final hiring approval of the City Council.
Any, all, or none of the candidates may be interviewed.
The process for hiring seasonal and temporary employees may be delegated to the
appropriate supervisor with each hire subject to City Council approval. Except where
prohibited by law, seasonal and temporary employees may be terminated by the
supervisor at any time, subject to City Council approval.
The city has the right to make the final hiring decision based on qualifications, abilities,
experience and City of Lake Elmo’s needs.
Background Checks
All finalists for employment with the city will be subject to a background check to
confirm information submitted as part of application materials and to assist in
determining the candidate’s suitability for the position. Except where already defined by
state law, the city administrator will determine the level of background check to be
conducted based on the position being filled.
Probationary Period
The probationary period is an integral part of the selection process and will be used for
the purpose of closely observing the employee’s work and for training the employee in
work expectations. Training periods apply to new hires, transfers, promotions, and
rehires. Probationary periods are six months in duration, but may be extended by, for
example, an unpaid leave of absence.
Prior to completion of this orientation period, employees may be dismissed with or without
cause by written notice.
All promotions, transfers, and reappointments will be subject to a six (6) month
probationary period. During this probationary period employees will continue to be
considered regular full-time employees, will accrue seniority and will be protected in
discharge procedure as other regular full-time employees.
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Successful completion of this probationary period does not guarantee continued
employment with the City or change the at-will status of your employment.
ORGANIZATION
Job Descriptions
The city will maintain job descriptions for each regular position. New positions will be
developed as needed but must be approved by the City Council prior to the position being
filled.
A job description is prepared for each position within the city. Each job description will
include: position title, department, supervisor’s title, FLSA status (exempt or non-
exempt), primary objective of the position, essential functions of the position, examples
of performance criteria, minimum requirements, desirable training and experience,
supervisory responsibilities (if any), and extent of supervisory direction or guidance
provided to position. In addition, job descriptions may also describe the benefits offered
and potential career path opportunities as a means to entice a qualified pool of applicants.
Good attendance and compliance with work rules and policies are essential functions of
all city positions.
Prior to posting a vacant position the existing job description is reviewed by the city
administrator or designee and the hiring supervisor to ensure the job description is an
accurate reflection of the position and that the stated job qualifications do not present
artificial barriers to employment. All postings are approved by the City Council.
A current job description is provided to each new employee. Supervisors are responsible
for revising job descriptions as necessary to ensure that the position’s duties and
responsibilities are accurately reflected. All revisions are reviewed and must be approved
by the city administrator.
Assigning and Scheduling Work
Assignment of work duties and scheduling work is the responsibility of the supervisor
subject to the approval of the city administrator.
Job Descriptions and Classifications
Assignment of job titles, establishment of minimum qualifications, and the maintenance
of job descriptions and related records is the responsibility of the city administrator.
Layoff
In the event it becomes necessary to reduce personnel, temporary employees and those
serving a probationary period in affected job classes will be terminated from employment
with the city before other employees in those job classes. Within these groups, the
selection of employees to be retained will be based on merit and ability as determined by
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the city administrator, subject to approval of the City Council. When all other
considerations are equal, the principle of seniority will apply in layoffs and recall from
layoffs.
HOURS OF WORK
Work Hours
Employee work schedules and opportunities to work remotely will be established by
supervisors with the approval of the city administrator. The regular workweek for
employees is five eight-hour days in addition to a lunch period, Monday through Friday,
except as otherwise approved by the city administrator in accordance with the customs
and needs of the individual departments.
Part-time, seasonal, and temporary positions: In order to comply with law while avoiding
penalties, part-time employees will be scheduled with business needs and in a manner
that ensures positions retain part-time status as intended.. All shifts, including schedule
trades or picked-up shifts, must be pre-approved by supervisor. Unpaid furloughs may be
imposed on employees who exceed 28 hours/week. Working a shift without prior
approval may result in discipline, up to and including termination of employment.
Core Hours
To ensure employee availability and accountability to the public the city serves, all full-
time employees (exempt and non-exempt) are to be at work or available to the public and
co-workers during the city’s business hours, Monday through Friday, unless away from
the work site for a work-related activity or on approved leave.
Meal Breaks and Rest Periods
A paid fifteen (15) minute break is allowed within each four (4) consecutive hours of
work. An unpaid thirty (30) minute lunch period is provided when an employee works
eight (8) or more consecutive hours. Employees are expected to use these breaks as
intended and will not be permitted to adjust work start time, end time, or lunch time by
saving these breaks.
Departments with unique job or coverage requirements may have additional rules, issued
by the supervisor and subject to approval of the city administrator, on the use of meal
breaks and rest periods.
Adverse Weather Conditions
City facilities 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 not normally have their pay reduced as a result of this absence.
Employees will be allowed to use accrued paid time off or compensatory time, or with
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supervisor approval, may modify the work schedule or make other reasonable schedule
adjustments.
Sworn police officers 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 supervisor or the city administrator.
COMPENSATION
Full-time employees of the city will be compensated as determined by the City Council.
Unless approved by the Council, employees will not receive any amount from the city in
addition to the pay authorized for the positions to which they have been appointed.
Expense reimbursement for travel expenses may be authorized in addition to regular pay.
Compensation for seasonal and temporary employees will be set by the City Council at
the time of hire, or on an annual basis.
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell
any person the amount of their own wages. While the Minnesota Government 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 Minn. Stat.
§181.172, subd. 3.
The city cannot retaliate against an employee for disclosing his/her own wages. An
employee’s remedies under the Wage Disclosure Protection Law are to bring a civil
action against the city and/or file a complaint with the Minnesota Department of Labor
and Industry at (651) 284-5070 or (800) 342-5354.
Direct Deposit
As provided for in Minnesota law, all employees are required to participate in direct
deposit. Employees are responsible for notifying the HR Director of any change in status,
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including changes in address, phone number, names of beneficiaries, marital status, etc.
When paydays fall on a holiday, deposits will be made the day before the holiday.
Time Reporting
Full-time, non-exempt employees are expected to work the number of hours per week as
established for their position. In most cases, this will be 40 hours per workweek. They
will be paid according to the time reported on their time sheets. To comply with the
provisions of the federal and state Fair Labor Standards Acts, hours worked and any
leave time used by non-exempt employees are to be recorded daily and submitted to
payroll on a bi-weekly basis. Each time reporting form must include the signature of the
employee and immediate supervisor. Reporting false information on a time sheet may be
cause for immediate termination.
Overtime / Compensatory Time
The City of Lake Elmo has established this overtime policy to comply with applicable
state and federal laws governing accrual and use of overtime. The city administrator will
determine whether each employee is designated as “exempt” or “non-exempt” from
earning overtime. In general, employees in executive and professional job classes are
exempt; all others are non-exempt.
Non-Exempt (Overtime-Eligible) Employees
All overtime-eligible employees will be compensated at the rate of time-and-one-half for
all hours worked over 40 in one workweek. Paid holidays do count toward “hours
worked.” Compensation will take the form of either time-and-one-half pay or
compensatory time as determined by the employee. Compensatory time is paid time off at
the rate of one-and-one-half hours off for each hour of overtime worked.
For most employees the workweek begins at 12:01 a.m. on Saturday and runs until the
following Friday night at midnight. Supervisors may establish a different workweek
based on the needs of the department, subject to the approval of the city administrator.
The employee’s supervisor must approve overtime hours in advance. An employee who
works overtime without prior approval may be subject to disciplinary action.
Overtime earned will be paid at the rate of time-and-one-half on the next regularly
scheduled payroll date, unless the employee indicates on his/her timesheet that the
overtime earned is to be recorded as compensatory time in lieu of payment.
The maximum compensatory time accumulation for any employee is 40 hours per year.
Once an employee has earned 40 hours of compensatory time in a calendar year, no
further compensatory time may accrue in that calendar year. All further overtime will be
paid. Employees may request and use compensatory time off in the same manner as other
leave requests.
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All compensatory time will be marked as such on official time sheets, both when it is
earned and when it is used. The Finance Department will maintain compensatory time
records. All compensatory time accrued will be paid when the employee leaves city
employment at the hourly pay rate the employee is earning at that time.
Exempt (Non-Overtime-Eligible) Employees
Exempt employees are expected to work the hours necessary to meet the performance
expectations outlined by their supervisors. Generally, to meet these expectations, and for
reasons of public accountancy, an exempt employee will need to work 40 or more hours
per week. Exempt employees do not receive extra pay for the hours worked over 40 in
one workweek.
Exempt employees are paid on a salary basis. This means they receive a predetermined
amount of pay each pay period and are not paid by the hour. Their pay does not vary
based on the quality or quantity of work performed, and they receive their full weekly
salary for any week in which any work is performed.
The City of Lake Elmo will only make deductions from the weekly salary of an exempt
employee in the following situations:
The employee is in a position that does not earn vacation or personal leave
and is absent for a day or more for personal reasons other than sickness or
accident.
The employee is in a position that earns sick leave, receives a short-term
disability benefit or workers’ compensation wage loss benefits, and is
absent for a full day due to sickness or disability, but he/she is either not
yet qualified to use the paid leave or he/she has exhausted all of his/her
paid leave.
The employee is absent for a full workweek and, for whatever reason, the
absence is not charged to paid leave (for example, a situation where the
employee has exhausted all of his/her paid leave or a situation where the
employee does not earn paid leave).
The very first workweek or the very last workweek of employment with
the city in which the employee does not work a full week. In this case, the
city will prorate the employee’s salary based on the time actually worked.
The employee is in a position that earns paid leave and is absent for a
partial day due to personal reasons, illness, or injury, but:
Paid leave has not been requested or has been denied.
Paid leave is exhausted.
The employee has specifically requested unpaid leave.
The employee is suspended without pay for a full day or more for
disciplinary reasons for violations of any written policy that is applied to
all employees.
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The employee takes unpaid leave under the FMLA.
The City of Lake Elmo may for budgetary reasons implement a voluntary
or involuntary unpaid leave program and, under this program, make
deductions from the salary of an exempt employee. In this case, the
employee will be treated as non-exempt for any workweek in which the
budget-related deductions are made.
The City of Lake Elmo will not make deductions from pay due to exempt employees
being absent for jury duty or attendance as a witness but will require the employee to pay
back to the city any amounts received by the employee as jury fees or witness fees.
If the city inadvertently makes an improper deduction to the salary of an exempt
employee, the city will reimburse the employee and make appropriate changes to comply
in the future.
All employees, in all departments, are required to work overtime as requested by their
supervisors as a condition of continued employment. Refusal to work overtime may
result in disciplinary action. Supervisors will make reasonable efforts to balance the
personal needs of their employees when assigning overtime work.
Leave Policy for Exempt Employees
Exempt employees are required to work the number of hours necessary to fulfill their
responsibilities including evening meetings and/or on-call hours. The normal hours of
business for exempt staff are Monday through Friday, 8 a.m. to 4:30 p.m., plus evening
meetings as necessary.
Exempt employees are required to use paid leave when on personal business or away
from the office for four (4) hours or more, on a given day.
Absences of less than four (4) hours do not require use of paid leave as it is presumed that
the staff member regularly puts in work hours above and beyond the normal 8 a.m. to
4:30 p.m. Monday through Friday requirement. Exempt employees must communicate
their absence to the city administrator or his/her designee.
If an exempt employee is regularly absent from work under this policy and it is found that
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 city administrator for specific situations as determined necessary.
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PERFORMANCE REVIEWS
An objective performance review system will be established by the city administrator or
designee for the purpose of periodically evaluating the performance of city employees.
The quality of an employee’s past performance will be considered in personnel decisions
such as promotions, transfers, demotions, terminations and, where applicable, salary
adjustments.
Performance reviews will be discussed with the employee. While certain components of a
performance evaluation, such as disputed facts reported to be incomplete or inaccurate
are challengeable, other performance evaluation data, including subjective assessments,
are not. For those parts of the performance evaluation system deemed not challengeable,
an employee may submit a written response, which will be attached to the performance
review. Performance reviews are to be scheduled on a regular basis, at least annually. The
form, with all required signatures, will be retained as part of the employee’s personnel
file.
During the probationary period, informal performance meetings should occur between
the supervisor and the employee. Conducting these informal performance meetings
provides both the supervisor and the employee the opportunity to discuss what is
expected, what is going well and not so well.
Signing of the performance review document by the employee acknowledges the review
has been discussed with the supervisor and does not necessarily constitute agreement.
Failure to sign the document by the employee will not delay processing.
BENEFITS
Health, Dental, Life and Disability Insurance
The city will contribute a monthly amount toward group health, dental, life and disability
insurance benefits for each eligible employee and his/her dependents. An employee
working 30 hours or more per week is eligible to receive benefits. Employees working
30-39 hours per week will receive pro-rated benefits. Waiting periods will apply as
determined by the plan.
The city makes a competitive monthly contribution toward group health, dental,
and life insurance benefits. Cost sharing is determined by Resolution of the City
Council. Employees are encouraged to look closely at this contribution as part
of their overall compensation package with the city.
In accordance with federal health care reform laws and regulations, while
avoiding penalties, the city will offer health insurance benefits to eligible
employees and their dependents that work on average or are expected to work
30 or more hours per week or the equivalent of 130 hours or more per month.
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The amount to be contributed and the type of coverage will be determined
annually by the City Council. For information about coverage and eligibility
requirements, employees should refer to the summary plan description or
contact the HR Director.
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 successful and secure
retirement. 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 pay check for Social Security and Medicare (the city matches the
employee’s Social Security and Medicare withholding). For information about PERA
eligibility and contribution requirements, contact the HR Director.
HOLIDAYS
The city observes the following official holidays for all regular full-time and part-time
employees:
New Year’s Day Columbus Day
Martin Luther King, Jr. Day Veterans Day
Presidents Day Thanksgiving Day
Memorial Day Friday after Thanksgiving
Independence Day Christmas Eve
Labor Day Christmas Day
Official holidays commence at the beginning of the first shift of the day on which the
holiday is observed and continue for twenty-four (24) hours thereafter.
When a holiday falls on a Sunday, the following Monday will be the “observed” holiday
and when a holiday falls on a Saturday, the preceding Friday will be the “observed”
holiday for city operations/facilities that are closed on holidays.
Full-time employees will receive pay for official holidays at their normal straight time
rates, provided they are on paid status on the last scheduled day prior to the holiday and
first scheduled day immediately after the holiday. Part-time employees will receive
prorated holiday pay based on the number of hours normally scheduled. Any employee
on a leave of absence without pay from the city is not eligible for holiday pay.
Premium pay of 1.5 times the regular hourly wage for employees required to work on a
holiday will be for hours worked on the “actual” holiday as opposed to the “observed”
holiday.
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Employees wanting to observe holidays other than those officially observed by the city
may request either vacation leave or unpaid leave for such time off.
LEAVES OF ABSENCE
Depending upon an employee’s situation, more than one form of leave may apply during
the same period of time (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.
Except as otherwise stated, all paid time off, taken under any of the city’s leave
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.
Funeral Leave
Employees will be permitted to use up to three (3) consecutive working days, with pay,
as funeral leave upon the death of an immediate family member and one (1) day for other
family. This paid leave will not be deducted from the employee’s paid time off balance.
The actual amount of time off, and funeral leave approved, will be determined by the
supervisor or city administrator depending on individual circumstances (such as the
closeness of the relative, arrangements to be made, distance to the funeral, etc.).
Annual Leave (Paid Time Off)
Annual leave can be used for any reason, subject to existing request and approval
procedures. As with all paid time off programs, the city needs to ensure that service to the
public and work requirements are not adversely impacted.
Accrual Rates for Annual Leave
Years of Service Annual Accrual Rates
0-5 Years 5 hours bi-weekly
6-10 Years 6.5 hours bi-weekly
11-15 Years 8 hours bi-weekly
16-24 Years 9.5 hours bi-weekly
25 Years or More 10 hours bi-weekly
Annual leave will not accrue during unpaid leaves. Regular part-time employees will
accrue annual leave on a prorated basis based on regular hours worked.
No more than 240 hours of annual leave may be carried over into the following year. Any
amount above the maximum 240 hours shall be converted to a contribution to MSRS.
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Such conversion shall be capped at 40 hours per year. The conversion shall take place
once a year in the second week of December.
Employees leaving the city in good standing will receive 100 percent of their annual
leave balance as compensation (applicable taxes will be withheld). Employees have the
option of directing those dollars into a 457 deferred compensation plan (subject to IRS
maximum deferral regulations and Minnesota law).
Medical Certification
Good attendance is an essential job function for all city employees. If unplanned absences
are excessive, a doctor’s certification may be required. The physician’s certification is to
state the nature and duration of the illness or injury and verify that the employee is unable
to perform the duties and responsibilities of his/her position.
A statement attesting to the employee’s ability to return to work and perform the essential
functions of the job and a description of any work restrictions may also be required
before the employee returns to work.
Returning to Work After a Medical Absence
After a medical 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. Annual leave may be denied for any employee required
to provide a doctor’s statement until such a statement is provided.
The city has the right to obtain a second medical opinion to determine the validity of an
employee’s workers’ compensation or sick leave claim, or to obtain information related
to restrictions or an employee’s ability to work. The city will arrange and pay for an
appropriate medical evaluation when it has been required by the city.
Unpaid Leave
Unpaid leaves may be approved in accordance with the city personnel policies.
Employees must normally use all accrued annual leave prior to taking an unpaid leave. If
the leave qualifies under Parenting Leave or Family and Medical Leave, the employee
may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions
to this policy must be approved by the city administrator.
Military Leave
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State and federal laws provide protections and benefits to city employees who are called
to military service, whether in the reserves or on active duty. 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. Refer to current state and federal laws for details.
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 (15) 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 (10) working days in
advance of the requested leave. If an employee has not yet used his/her fifteen (15) days
of paid leave when called to active duty, any unused paid time will be allowed for the
active duty time, prior to the unpaid leave of absence.
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 paid time off (PTO)
accrual.
Eligibility for continuation of insurance coverage for employees on military leave beyond
fifteen (15) days will follow the same procedures as for any employee on an unpaid leave
of absence.
Employees will be granted up to ten (10) 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 day’s duration in any calendar
year, to attend a send-off or homecoming ceremony for the mobilized service member.
Jury Duty
Regular full-time and part-time employees will be granted paid leaves of absence for
required jury duty in accordance with current state law.
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Regular full-time and part-time employees will be granted paid leaves of absence for
required jury duty. Such employees will be required to turn over any compensation they
receive for jury duty, minus mileage reimbursement, to the city in order to receive their
regular wages for the period. Time spent on jury duty will not be counted as time worked
in computing overtime.
Employees excused or released from jury duty during their regular working hours will
report to their regular work duties as soon as reasonably possible or will take accrued
PTO or compensatory time to make up the difference.
Employees are required to notify their supervisor as soon as possible after receiving
notice to report for jury duty. The employee will be responsible for ensuring that a report
of time spent on jury duty and pay form is completed by the clerk of court so the city will
be able to determine the amount of compensation due for the period involved.
Temporary and seasonal employees are generally not eligible for compensation for
absences due to jury duty, but can take a leave without pay subject to department head
approval. However, if a temporary or seasonal employee is classified as exempt, he/she
will receive compensation for the jury duty time.
Court Appearances
Employees will be paid their regular wage to testify in court for city-related business.
Any compensation received for court appearances (e.g. subpoena fees) arising out of or in
connection with city employment, minus mileage reimbursement, must be turned over to
the city.
Victim or Witness Leave
An employer must allow a victim or witness, who is subpoenaed or requested by the
prosecutor to attend court for the purpose of giving testimony, or is the spouse or
immediate family member (immediate family member includes parent, spouse, child or
sibling of the employee) of such victim, reasonable time off from work to attend criminal
proceedings related to the victim’s case.
Job Related Injury or Illness
All employees are required to report any job-related illnesses or injuries to their
supervisor immediately (no matter how minor). If a supervisor is not available and the
nature of injury or illness requires immediate treatment, the employee is to go to the
nearest available medical facility for treatment and, as soon as possible, notify his/her
supervisor of the action taken. In the case of a serious emergency, 911 should be called.
If the injury is not of an emergency nature, but requires medical attention, the employee
will report it to the supervisor and make arrangements for a medical appointment.
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Workers’ compensation benefits and procedures to return to work will be applied
according to applicable state and federal laws.
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 with the
approval of the City Council.
School Conference Leave
Any employee who has worked half-time or more for more than twelve (12) consecutive
months, may take unpaid leave for up to a total of sixteen (16) hours during any 12-
month period to attend school conferences or classroom activities related to the
employee’s child (under 18 or under 20 and still attending secondary school), provided
the conference or classroom activities cannot be scheduled during non-work hours. When
the leave cannot be scheduled during non-work hours and the need for the leave is
foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operations of the
city. Employees may choose to use PTO leave hours for this absence, but are not required
to do so.
Family and Medical Leave
See the City of Lake Elmo Family Medical Leave Policy
Pregnancy and Parenting Leave
Employees who work twenty (20) hours or more per week and have been employed more
than one year are entitled to take an unpaid leave of absence under the Pregnancy and
Parenting Leave Act of Minnesota. Refer to current state and federal laws for details.
Employees who work twenty (20) hours or more per week and have been employed more
than one year are entitled to take an unpaid leave of absence under the Pregnancy and
Parenting Leave Act of Minnesota. Female employees for prenatal care, or incapacity due
to pregnancy, childbirth, or related health conditions as well as a biological or adoptive
parent in conjunction with after the birth or adoption of a child as eligible for up to 12
weeks of unpaid leave and must begin within twelve (12) months of the birth or adoption
of the child. In the case where the child must remain in the hospital longer than the
mother, the leave must begin within 12 months after the child leaves the hospital.
Employee should provide reasonable notice, which is at least 3 days. If the leave must be
taken in less than three days, the employee should give as much notice as practicable. In
the case of both spouses working for the same employer, each eligible employee is
entitled to 12 weeks of parental leave per 12 month period.
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Employees are required to use accrued PTO leave during Parenting Leave. If the
employee has any FMLA eligibility remaining 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 FMLA qualifying). For
employees on an FMLA absence as well, the employer contributions toward insurance
benefits will continue during the FMLA leave absence.
Reasonable Unpaid Work Time for Nursing Mothers
Nursing mothers will be provided reasonable unpaid break time for nursing mothers to
express milk for nursing her child for one year after the child’s birth. The city will
provide a room (other than a bathroom) as close as possible to the employee’s work area,
that is shielded from view and free from intrusion from coworkers and the public and
includes access to an electrical outlet, where the nursing mother can express milk in
private.
Light Duty/Modified Duty Assignment
This policy is to establish guidelines for temporary assignment of work to temporarily
disabled employees who are medically unable to perform their regular work duties. Light
duty is evaluated by the city administrator on a case-by-case basis. This policy does not
guarantee assignment to light duty.
Such assignments are for short-term, temporary disability-type purposes; assignment of
light duty is at the discretion of the city administrator. The city administrator reserves the
right to determine when and if light duty work will be assigned.
When an employee is unable to perform the essential requirements of his/her job due to a
temporary disability, he/she will notify the supervisor in writing as to the nature and
extent of the disability and the reason why he/she is unable to perform the essential
functions, duties, and requirements of the position. This notice must be accompanied by
a physician’s report containing a diagnosis, current treatment, and any work restrictions
related to the temporary disability. The notice must include the expected time frame
regarding return to work with no restrictions, meeting all essential requirements and
functions of the city’s job description along with a written request for light duty. Upon
receipt of the written request, the supervisor is to forward a copy of the report to the city
administrator.
The city may require a medical exam conducted by a physician selected by the city to
verify the diagnosis, current treatment, expected length of temporary disability, and work
restrictions.
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It is at the discretion of the city administrator whether or not to assign light duty work to
the employee. Although this policy is handled on a case-by-case basis, light duty will not
generally be approved beyond six months.
If the city offers a light duty assignment to an employee who is out on workers’
compensation leave, the employee may be subject to penalties if he/she refuses such
work. The city will not, however, require an employee who is otherwise qualified for
protection under the Family and Medical Leave Act to accept a light duty assignment.
The circumstances of each disabled employee performing light duty work will be
reviewed regularly. Any light duty/modified work assignment may be discontinued at any
time.
Bone Marrow/Organ Donation Leave
Employees working an average of 20 or more hours per week may take paid leave, not to
exceed 40 hours, unless agreed to by the city, to undergo medical procedures to donate
bone marrow or an organ. The 40 hours is over and above the amount of accrued time the
employee has earned
The city may require a physician’s verification of the purpose and length of the leave
requested to donate bone marrow or an organ. If there is a medical determination that the
employee does not qualify as a bone marrow or organ donor, the paid leave of absence
granted to the employee prior to that medical determination is not forfeited.
Elections / Voting
An employee selected to serve as an election judge pursuant to Minnesota law, will be
allowed time off without pay for purposes of serving as an election judge, provided that
the employee gives the city at least ten (10) days written notice.
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 avoid coverage
issues.
Reasonable Accommodations to an Employee for Health Conditions
Relating to Pregnancy
The city will attempt to provide a female employee who requests reasonable
accommodation with the following for her health conditions related to her pregnancy or
childbirth:
More frequent restroom, food, and water breaks;
Seating;
Limits on lifting over 20 pounds; and/or
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Temporary transfer to a less strenuous or hazardous position, should one be
available.
Unless such accommodations impose an undue hardship on the city, the city will engage
in an interactive process with respect to an employee’s request for a reasonable
accommodation.
SEXUAL HARASSMENT PREVENTION
General
The City of Lake Elmo is committed to creating and maintaining a work place free of
harassment and discrimination. Such harassment is a violation of Title VII of the Civil
Rights Act of 1964 and the Minnesota Human Rights Act.
In keeping with this commitment, the city maintains a strict policy prohibiting unlawful
sexual harassment. This policy prohibits harassment in any form, including verbal and
physical sexual harassment.
This policy statement is intended to make all employees sensitive to the matter of sexual
harassment, to express the city’s strong disapproval of unlawful sexual harassment, to
advise employees against this behavior and to inform them of their rights and obligations.
The most effective way to address any sexual harassment issue is to bring it to the
attention of management.
Definitions
To provide employees with a better understanding of what constitutes sexual harassment,
the definition, based on Minnesota Statute § 363A.03, subd. 43, is provided: sexual
harassment includes unwelcome sexual advances, requests for sexual favors, sexually
motivated physical contact, or other verbal or physical conduct or communication of a
sexual nature, when:
Submitting to the conduct is made either explicitly or implicitly a term or
condition of an individual’s employment; or
Submitting to or rejecting the conduct is used as the basis for an employment
decision affecting an individual’s employment; or
Such conduct has the purpose or result of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile or offensive
work environment.
Examples of inappropriate conduct include but are not limited to: unwanted physical
contact; unwelcome sexual jokes or comments; sexually explicit posters or pinups;
repeated and unwelcome requests for dates or sexual favors; sexual gestures or any
indication, expressed or implied, that job security or any other condition of employment
depends on submission to or rejection of unwelcome sexual requests or behavior. In
summary, sexual harassment is the unwanted, unwelcome and repeated action of an
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individual against another individual, using sexual overtones as a means of creating
stress.
Expectations
All employees are expected to treat each other and the general public with respect and to
assist in fostering an environment that is free from unwanted harassment. Violations of
this policy may result in discipline, including possible termination. Each situation will be
evaluated on a case-by-case basis.
Employees who feel that they have been victims of sexual harassment, or employees who
are aware of such harassment, should immediately report their concerns to any of the
following:
1. Immediate supervisor;
2. City administrator;
3. Mayor or city councilmember.
In addition to notifying one of the above persons and stating the nature of the harassment,
the employee is also encouraged to take the following steps:
1. Make it clear to the harasser that the conduct is unwelcome and document that
conversation.
2. Document the occurrences of harassment.
3. Submit the documented complaints to your supervisor, city administrator, mayor, or
any member of the City Council. Employees are strongly encouraged to put the
complaint in writing.
4. Document any further harassment or reprisals that occur after the initial complaint is
made.
The city urges that conduct which is viewed as offensive be reported immediately to
allow for corrective action to be taken through education and immediate counseling, if
appropriate.
Management has the obligation to provide an environment free of sexual harassment. The
city is obligated to prevent and correct unlawful harassment in a manner which does not
abridge the rights of the accused. To accomplish this task, the cooperation of all
employees is required.
The city will take action to correct any and all reported harassment to the extent evidence
is available to verify the alleged harassment and any related retaliation. All allegations
will be investigated. Strict confidentiality is not possible in all cases of sexual harassment
as the accused has the right to answer charges made against them; particularly if
discipline is a possible outcome. Reasonable efforts will be made to respect the
confidentiality of the individuals involved, to the extent possible.
Any employee who makes a false complaint or provides false information during an
investigation may be subject to disciplinary action, up to and including termination.
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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 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.
Retaliation
The City of Lake Elmo will not tolerate retaliation or intimidation directed towards
anyone who makes a complaint of employment discrimination, who serves as a witness
or participates in an investigation, or who is exercising his/her rights when requesting
religious or disability accommodation. Retaliation includes, but is not limited to, any
form of intimidation, reprisal or harassment. While each situation is very fact dependent,
generally speaking 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 government 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, barring any extenuating
circumstances, please report your concern immediately to any of the following:
1. Immediate supervisor;
2. City Administrator;
3. Mayor or City Councilmember
4. In the event an employee feels retaliation has occurred by the City Administrator
or the City Council, then reporting may be made to the City Attorney.
Supervisors who have been approached by employees with claims of retaliation will
follow the response process within “Supervisor’s Response to Allegations of
Disrespectful Workplace Behavior” including reporting the allegations within two
business days to the city administrator, who will who will decide how to proceed in
addressing the claim/complaint
RESPECTFUL WORKPLACE POLICY
The City of Lake Elmo is committed to creating and maintaining a work place free of
harassment and discrimination. Such harassment is a violation of Title VII of the Civil
Rights Act of 1964 and the Minnesota Human Rights Act. The intent of this policy is to
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provide general guidelines about the conduct that is and is not appropriate in the
workplace. The city acknowledges that this policy cannot possibly predict all situations
that might arise, and also recognizes that some employees are exposed to disrespectful
behavior, and even violence, by the very nature of their jobs.
Applicability
Maintaining a respectful work environment is a shared responsibility. This policy is
applicable to all city personnel including contract, regular and temporary employees,
volunteers, firefighters, and City Council members.
Abusive Customer Behavior
While the city has a strong commitment to customer service, the city does not expect that
employees accept verbal abuse from any customer. An employee may request that a
supervisor intervene when a customer is abusive, or they may defuse the situation
themselves, including ending the contact.
If there is a concern over the possibility of physical violence, a supervisor should be
contacted immediately. When extreme conditions dictate, 911 may be called. Employees
should leave the area immediately when violence is imminent unless their duties require
them to remain. Employees must notify their supervisor about the incident as soon as
possible.
Types of Disrespectful Behavior
The following types of behaviors constitute “disrespectful behavior” under this policy
because they are a disruption in the workplace and are, in many instances, unlawful:
(This is not an exhaustive list)
Violent behavior:
includes the use of physical force, harassment, bullying or intimidation.
Discriminatory behavior:
includes inappropriate remarks about or conduct related to a person’s race, color, creed,
religion, national origin, disability, sex, marital status, age, sexual orientation, gender
identity, or gender expression, familial status, or status with regard to public assistance.
Offensive behavior:
may include 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 based upon violent or discriminatory behavior as listed
above. It is not possible to anticipate in this policy every example of offensive behavior.
Accordingly, employees are encouraged to discuss with their fellow employees and
supervisor what is regarded as offensive, taking into account the sensibilities of
employees and the possibility of public reaction.
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Although the standard for how employees treat each other and the general public will be
the same 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.
Sexual harassment:
can consist of a wide range of unwanted and unwelcome sexually directed behavior such
as unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
Submitting to the conduct is made either explicitly or implicitly a term or
condition of an individual’s employment; or
Submitting to or rejecting the conduct is used as the basis for an employment
decision affecting an individual’s employment; or
Such conduct has the purpose or result of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile or offensive
work environment.
Sexual harassment includes, but is not limited to, the following:
Unwelcome or unwanted sexual advances. This means stalking, patting, pinching,
brushing up against, hugging, cornering, kissing, fondling or any other similar
physical contact considered unacceptable by another individual.
Verbal or written abuse, kidding, or comments that are sexually-oriented and
considered unacceptable by another individual. This includes comments about an
individual’s body or appearance where such comments go beyond mere courtesy,
telling “dirty jokes” or any other tasteless, sexually oriented comments, innuendos
or actions that offend others.
Requests or demands for sexual favors. This includes subtle or obvious
expectations, pressures, or requests for any type of sexual favor, along with an
implied or specific promise of favorable treatment (or negative consequence)
concerning one’s current or future job.
Names and Pronouns:
Every employee will be addressed by a name and by pronouns that correspond to the
employee’s gender identity. A court‐ordered name or gender change is not required.
Possession and Use of Dangerous Weapons
Possession or use of a dangerous weapon (see attached definitions) is prohibited on city
property, in city vehicles, or in any personal vehicle, which is being used for city
business. This includes employees with valid permits to carry firearms.
The following exceptions to the dangerous weapons prohibition are as follows:
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Employees legally in possession of a firearm for which the employee holds a
valid permit, if required, and said firearm is secured within an attended personal
vehicle or concealed from view within a locked unattended 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.
Employee Response to Disrespectful Workplace Behavior
Employees who believe that disrespectful behavior is occurring are encouraged to deal
with the situation in one of the ways listed below. However, if the allegations involve
violent behavior, sexual harassment, or discriminatory behavior, then the employee is
responsible for taking one of the actions below. If employees see or overhear a violation
of this policy, they are encouraged to follow the steps below.
Step 1(a). Politely, 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.
Step 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, city administrator or
city attorney. The person to whom you speak is responsible for documenting the issues
and for giving you a status report on the matter no later than ten business days after your
report.
Step 1(c). In the case of violent behavior, all employees are required to report the
incident immediately to their supervisor, city administrator, or police. Any employee who
observes sexual harassment or discriminatory behavior, or receives any reliable
information about such conduct, must report it within two business days to a supervisor
or the city administrator.
Step 2. If, after what is considered to be a reasonable length of time (for example, 30
days), you believe inadequate action is being taken to resolve your complaint/concern,
the next step is to report the incident to the city administrator or city attorney.
Supervisor’s Response to Allegations of Disrespectful Workplace
Behavior
Employees who have a complaint of disrespectful workplace behavior will be taken
seriously.
In the case of sexual harassment or discriminatory behavior, a supervisor must report the
allegations within two business days to the city administrator, who will determine
whether an investigation is warranted. A supervisor must act upon such a report even if
requested otherwise by the victim. In situations other than sexual harassment and
discriminatory behavior, supervisors will use the following guidelines when an allegation
is reported:
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Step 1. If the nature of the allegations 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 that the conduct not reoccur. This approach is particularly
appropriate when there is some ambiguity about whether the conduct was disrespectful.
Step 2. If a formal investigation is warranted, the individual alleging a violation of this
policy will be interviewed to discuss the nature of the allegations. The person being
interviewed may have someone of his/her own choosing present during the interview.
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.
Step 3. The supervisor must notify the city administrator about the allegations.
Step 4. As soon as practical after receiving the written or verbal complaint, the alleged
policy violator will be informed of the allegations. The alleged violator will have the
opportunity to answer questions and respond to the allegations.
Step 5. After adequate investigation and consultation with the appropriate personnel, a
decision will be made regarding whether or not disciplinary action will be taken.
Step 6. The alleged violator and complainant will be advised of the findings and
conclusions as soon as practicable.
Special Reporting Requirements
When the supervisor is perceived to be the cause of a disrespectful workplace behavior
incident, a report will be made to the city administrator who will assume the
responsibility for investigation and discipline.
If the city administrator is perceived to be the cause of a disrespectful workplace behavior
incident, a report will be made to the city attorney who will confer with the mayor and
City Council regarding appropriate investigation and action.
If a councilmember is perceived to be the cause of a disrespectful workplace behavior
incident involving city personnel, the report will be made to the city administrator and
referred to the city attorney who will undertake the necessary investigation. The city
attorney will report his/her findings to the City Council, which will take the action it
deems appropriate.
Pending completion of the investigation, the city administrator may at his/her discretion
take appropriate action to protect the alleged victim, other employees, or citizens.
Confidentiality
A person reporting or witnessing a violation of this policy cannot be guaranteed
anonymity. The person’s name and statements may have to be provided to the alleged
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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
Consistent with the terms of applicable statutes and city personnel policies, the city may
discipline any individual who retaliates against any person who reports alleged violations
of this policy. The city may also discipline any individual who retaliates against any
participant in an investigation, proceeding or hearing relating to the report of alleged
violations. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or
harassment.
Any employee who makes a false complaint or provides false information during an
investigation may be subject to disciplinary action, up to and including termination.
SEPARATION FROM SERVICE
Resignations
Employees wishing to leave the city service in good standing must provide a written
resignation notice to their supervisor, at least ten (10) working days before leaving.
Exempt employees must give thirty (30) calendar days’ notice. The written resignation
must state the effective date of the employee’s resignation.
No more than two (2) PTO days may be used during the employee’s notice period and
cannot be used as the last two days of employment.
Unauthorized absences from work for a period of three consecutive work days may be
considered as resignation without proper notice.
Failure to comply with this procedure may be cause for denying payout of the employee’s
PTO and any future employment with the city.
Employees who leave the employ of the city in good standing by retirement or
resignation will receive pay for 100 percent of unused accrued (PTO).
DISCIPLINE
General Policy
Supervisors are responsible for maintaining compliance with city standards of employee
conduct. The objective of this policy is to establish a standard disciplinary process for
employees of the City of Lake Elmo. City employees will be subject to disciplinary
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action for failure to fulfill their duties and responsibilities at the level required, including
observance of work rules and standards of conduct and applicable city policies.
Discipline will be administered in a non-discriminatory manner. An employee who
believes that discipline applied was either unjust or disproportionate to the offense
committed may pursue a remedy through the grievance procedures established in the
city’s personnel policies. The supervisor and/or the city administrator will investigate any
allegation on which disciplinary action might be based before any disciplinary action is
taken.
No Contract Language Established
This policy is not to be construed as contractual terms and is intended to serve only as a
guide for employment discipline.
Process
The city may elect to use progressive discipline, a system of escalating responses
intended to correct the negative behavior rather than to 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 city
employee has a contractual right or guarantee (also known as a property right) to the job
he/she performs.
Documentation of disciplinary action taken will be placed in the employee’s personnel
file with a copy provided to the employee.
The following 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 have the ability to issue oral reprimands
without prior approval.
Oral reprimands are normally given for first infractions on minor offenses to clarify
expectations 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
including 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 of
time. Serious infractions may require skipping either the oral or written reprimand, or
both. Written reprimands are issued by the supervisor with prior approval from the city
administrator.
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A written reprimand will: (1) state what did happen; (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. Written
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 the 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 involuntary leave of absence pending an
investigation of an allegation involving that employee. The leave may be with or without
pay depending on a number of factors including the nature of the allegations. If the
allegation is proven false after the investigation, the relevant written documents will be
removed from the employee’s personnel file and the employee will receive any
compensation and benefits due had the suspension not taken 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 approve this action.
Salary
An employee’s salary increase may be withheld or the salary may be decreased due to
performance deficiencies.
Dismissal
The city administrator, with the approval of the City Council, may dismiss an employee
for substandard work performance, serious misconduct, or behavior not in keeping with
city standards.
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If the disciplinary action involves the removal of a qualified veteran who has completed
the initial probationary period, the appropriate hearing notice will be provided and all
rights will be afforded the veteran in accordance with Minnesota law.
GRIEVANCE PROCEDURE
Any dispute between an employee and the city relative to the application, meaning or
interpretation of these personnel policies will be settled in the following manner:
Step 1: The employee must present the grievance in writing, stating the nature of the
grievance, the facts on which it is based, the provision or provisions of the personnel
policies allegedly violated and the remedy requested, to the proper supervisor within
twenty (20) days after the alleged violation or dispute has occurred. The supervisor will
respond to the employee in writing within ten (10) days.
Step 2: If the grievance has not been settled in accordance with Step 1, it must be
presented in writing, stating the nature of the grievance, the facts on which it is based, the
provision or provisions of the Personnel Policies allegedly violated, and the remedy
requested, by the employee to the city administrator within five (5) days after the
supervisor’s response is due. The city administrator or his/her designee will respond to
the employee in writing within ten (10) calendar days. The decision of the city
administrator is final for all disputes with exception of those specific components in a
performance evaluation subject to a challenge through the Minnesota Department of
Administration.
Waiver
If a grievance is not presented within the time limits set forth above, it will be considered
“waived.” If a grievance is not appealed to the next step in the specified time limit or any
agreed extension thereof, it will be considered settled on the basis of the city’s last
answer. If the city does not answer a grievance or an appeal within the specified time
limits, the employee may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual agreement of the city and the employee without prejudice to either
party.
The following actions are not grievable:
While certain components of a performance evaluation, such as disputed facts
reported to be incomplete or inaccurate are challengeable, other performance
evaluation data, including subjective assessments, are not.
Pay increases or lack thereof; and
Merit pay awards.
The above list is not meant to be all inclusive or exhaustive.
EMPLOYEE EDUCATION & TRAINING
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The city promotes staff development as an essential, ongoing function needed to maintain
and improve cost effective quality service to residents. The purposes for staff
development are to ensure that employees develop and maintain the knowledge and skills
necessary for effective job performance and to provide employees with an opportunity for
job enrichment and mobility.
Policy
The city will pay for the costs of an employee’s participation in training and attendance at
professional conferences, provided that attendance is approved in advance under the
following criteria and procedures:
Job-Related Training & Conferences
The subject matter of the training session or conference is directly job-related and
relevant to the performance of the employee’s work responsibilities. Responsibilities
outlined in the job description, annual work program requirements and training goals and
objectives that have been developed for the employee will be considered in determining
if the request is job-related.
CLE or similar courses taken by an employee in order to maintain licensing or other
professional accreditation will not be eligible for payment under this policy unless the
subject matter relates directly to the employee’s duties, even though the employee may be
required to maintain such licensing or accreditation as a condition of employment with
the city.
The supervisor and the city administrator are responsible for determining job-relatedness
and approving or disapproving training and conference attendance.
Request for Participation in Training & Conferences
The request for participation in a training session or conference must be submitted in
writing to the employee’s supervisor on the appropriate form. All requests must include
an estimate of the total cost (training session, travel, meals, etc.) and a statement of how
the education or training is related to the performance of the employee’s work
responsibilities with the city.
Payment information such as invoices, billing statements, etc., regarding the conference
or training should be forwarded to accounting for prompt payment.
Out of State Travel
Attendance at training or conferences out of state is approved only if the training or
conference is not available locally. All requests for out of state travel are reviewed for
approval/disapproval by the city administrator.
Compensation for Travel & Training Time
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Time spent traveling to and from, as well as time spent attending a training session or
conference, will be compensated in accordance with the federal Fair Labor Standards
Act.
Travel and other related training expenses will be reimbursed subject to the employee
providing necessary receipts and appropriate documentation.
Memberships and Dues
The purpose of memberships to various professional organizations must be directly
related to the betterment of the services of the city. Normally, one city membership per
agency, as determined by the city administrator is allowed, providing funds are available.
Upon separation of employment, individual memberships remain with the city and are
transferred to another employee by the supervisor when possible.
Travel & Meal Allowance
If employees are required to travel outside of the area in performance of their duties as a
city employee, they will receive reimbursement of expenses for meals, lodging and
necessary expenses incurred. However, the city will not reimburse employees for meals
connected with training or meetings within city limits, unless the training or meeting is
held as a breakfast, lunch or dinner meeting.
Employees who find it necessary to use their private automobiles for city travel and who
do not receive a car allowance will be reimbursed at the allowable IRS rate.
Expenses for meals, including sales tax and gratuity, will be reimbursed according to this
policy. No reimbursement will be made for alcoholic beverages. Meal expenses of $50.00
per day will be allowed in accordance with the following:
Breakfast: $10.00
Lunch: $15.00
Dinner: $50.00
A full reimbursement, over the maximum defined, may be authorized if a lower cost meal
is not available when attending banquets, training sessions, or meetings of professional
organizations.
OUTSIDE EMPLOYMENT
The potential for conflicts of interest is lessened when individuals employed by the City
of Lake Elmo regard the city as their primary employment responsibility. All outside
employment is to be reported to the employee’s immediate supervisor. If a potential
conflict exists based on this policy or any other consideration, the supervisor will consult
with the city administrator. Any city employee accepting employment in an outside
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position that is determined by the city administrator to be in conflict with the employee’s
city job will be required to resign from the outside employment or may be subject to
discipline up to and including termination.
For the purpose of this policy, outside employment refers to any non-city employment or
consulting work for which an employee receives compensation, except for compensation
received in conjunction with military service or holding a political office or an
appointment to a government board or commission that is compatible with city
employment. The following is to be considered when determining if outside employment
is acceptable:
Outside employment must not interfere with a full-time employee’s availability
during the city’s regular hours of operation or with a part-time employee’s regular
work schedule.
Outside employment must not interfere with the employee’s ability to fulfill the
essential requirements of his/her position.
The employee must not use city equipment, resources or staff in the course of the
outside employment.
The employee must not violate any city personnel policies as a result of outside
employment.
The employee must not receive compensation from another individual or
employer for services performed during hours for which he/she is also being
compensated by the city. Work performed for others while on approved paid time
off or compensatory time is not a violation of policy unless that work creates the
appearance of a conflict of interest.
Departments may establish more specific policies as appropriate, subject to the
approval of the city administrator.
City employees are not permitted to accept outside employment that creates either the
appearance of or the potential for a conflict with the development, administration or
implementation of policies, programs, services or any other operational aspect of the city.
DRUG FREE WORKPLACE
In accordance with federal law, the City of Lake Elmo has adopted the following policy
on drugs in the workplace:
A. Employees are expected and required to report to work on time and in appropriate
mental and physical condition. It is the city’s intent and obligation to provide a drug-
free, safe and secure work environment.
B. The unlawful manufacture, distribution, possession, or use of a controlled substance
on city property or while conducting city business is absolutely prohibited. Violations
of this policy will result in disciplinary action, up to and including termination, and
may have legal consequences.
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C. 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 their
health insurance plans, as appropriate.
D. Employees must, as a condition of employment, abide by the terms of this policy and
must report any conviction under a criminal drug statute for violations occurring on
or off work premises while conducting city business. A report of the conviction must
be made within five (5) days after the conviction as required by the Drug-Free
Workplace Act of 1988.
CITY DRIVING POLICY
This policy applies to all employees who drive a vehicle on city business at least once per
month, whether driving a city-owned vehicle or their own personal vehicle. It also applies
to employees who drive less frequently but whose ability to drive is essential to their job
due to the emergency nature of the job. The city expects all employees who are required
to drive as part of their job to drive safely and legally while on city business and to
maintain a good driving record.
The city will examine driving records once per year for all employees who are covered
by this policy to determine compliance with this policy. Employees who lose their
driver’s license or receive restrictions on their license are required to notify their
immediate supervisor on the first work day after any temporary, pending or permanent
action is taken on their license and to keep their supervisor informed of any changes
thereafter.
The city will determine appropriate action on a case-by-case basis.
CELLULAR PHONE USE
This policy is intended to define acceptable and unacceptable uses of city issued cellular
telephones. Its application is to insure cellular phone usage is consistent with the best
interests of the city without unnecessary restriction of employees in the conduct of their
duties. This policy will be implemented to prevent the improper use or abuse of cellular
phones and to ensure that city employees exercise the highest standards of propriety in
their use.
General Policy
Cellular telephones are intended for the use of city employees in the conduct of their
work for the city.
Supervisors are responsible for the cellular telephones assigned to their employees and
will exercise discretion in their use. Nothing in this policy will limit supervisor discretion
to allow reasonable and prudent personal use of such telephones or equipment provided
that:
Its use in no way limits the conduct of work of the employee or other employees.
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No personal profit is gained or outside employment is served.
Regardless of who pays the bill, cell phone records about city business are
subject to the Minnesota Government Data Practices Act. What this means is
that if a request were received, the city would be under the obligation to
determine what information is public data and what information is private data
and would need access to the employee’s phone records and possibly the phone
itself in order to provide the data that is being requested. Therefore, the best
practice is to limit usage of personal cell phones for city business to that which
is truly necessary or be prepared to produce your cell phone and the associated
records if needed.
An employee will not be reimbursed for business-related calls without prior authorization
from his/her supervisor. Supervisors may also prohibit employees from carrying their
own personal cell phones during working hours if it interferes with the performance of
their job duties.
Use of public resources by city employees for personal gain and/or private use including,
but not limited to, outside employment or political campaign purposes, is prohibited and
subject to disciplinary action which may include termination and/or criminal prosecution,
depending on the circumstances. Incidental and occasional personal use may be permitted
with the consent of the supervisor.
Personal calls will be made or received only when absolutely necessary. Such calls must
not interfere with working operations and are to be completed as quickly as possible. In
cases where the city does not regard accounting for personal calls to be unreasonable or
administratively impractical due to the minimal cost involved, personal calls made by
employees on a city-provided cellular phone must be paid for by the employee through
reimbursement to the city based on actual cost listed on the city’s phone bill.
Procedures
It is the objective of the City of Lake Elmo to prevent and correct any abuse or misuse of
cellular telephones through the application of this policy. Employees who abuse or
misuse such telephones may be subject to disciplinary action.
Responsibility
The city administrator, or designee, will have primary responsibility for implementation
and coordination of this policy. All supervisors will be responsible for enforcement
within their departments.
SAFETY
The health and safety of each employee of the city and the prevention of occupational
injuries and illnesses are of primary importance to the city. To the greatest degree
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possible, management will maintain an environment free from unnecessary hazards and
will establish safety policies and procedures for each department. Adherence to these
policies is the responsibility of each employee. Overall administration of this policy is the
responsibility of each supervisor.
Safety Equipment/Gear
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.
Unsafe Behavior
Supervisors are authorized to send an employee home immediately when the employee’s
behavior violates the city’s personnel policies, department policies, or creates a potential
health or safety issue for the employee or others.
Reporting Accidents and Illnesses
Both Minnesota workers’ compensation laws and the state and federal Occupational
Safety and Health Acts require that all on the job injuries and illnesses be reported as
soon as possible by the employee, or on behalf of the injured or ill employee, to his/her
supervisor. The employee’s immediate supervisor is required to complete a First Report
of Injury and any other forms that may be necessary related to an injury or illness on the
job.
Access to Gender-Segregated Activities and Areas
With respect to all restrooms, locker rooms or changing facilities, employees will have
access to facilities that correspond to their affirmed gender identity, regardless of their
sex at birth. The city maintains separate restroom and/or changing facilities for male and
female employees and allows employees to access them based on their gender identity.
In any gender‐segregated facility, any employee who is uncomfortable using a shared
facility, regardless of the reason, will, upon the employee’s request, be provided with an
appropriate alternative. This may include, for example, addition of a privacy partition or
curtain, provision to use a nearby private restroom or office, or a separate changing
schedule. However, the city will not require a transgender or gender diverse employee to
use a separate, nonintegrated space, unless requested by the transgender or gender diverse
employee, because it may publicly identify or marginalize the employee as transgender.
Under no circumstances may employees be required to use sex‐segregated facilities that
are inconsistent with their gender identity.
11/21/2017
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City of Lake Elmo, Minnesota
Family and Medical Leave Policy
ELIGIBILITY
To qualify to take FMLA leave under this policy, an employee must meet all the following conditions:
Have worked for the City for 12 months (or 52 weeks) prior to the date the leave is to
commence unless the break was due to National Guard or Reserves military service obligation.
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.
TYPES OF LEAVE COVERED BY 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;
A covered military member’s active duty or call to duty or to care for a covered military member
(Military Caregiver and Qualified Exigency Leave) (described below).
DEFINITIONS
“Spouse” does not include domestic partners or common-law spouses.
“Caring for” a covered family member includes psychological as well as physical care. It also
includes acquiring care and sharing care duties. An eligible “child,” with some exceptions, is
under 18 years of age.
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An eligible “parent” includes 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.
“Serious Health Condition” means an illness, injury, impairment, or physical or mental
condition that involves one of the following:
o Hospital Care: Any period of incapacity or treatment connected with inpatient care (i.e., an
overnight stay) in a hospital, hospice, or residential medical care facility;
o Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or child birth;
o Absence Plus Treatment: A period of incapacity of more than three consecutive calendar
days that also involves continuing treatment by or under the supervision of a health care
provider.
o Chronic Conditions Requiring Treatments: An incapacity from a chronic condition which
requires periodic visits for treatment by a health care provider, continues over an extended
period of time, and may cause episodic rather than a continuing period of incapacity;
o Permanent/Long-Term Conditions Requiring Supervision
o Multiple Treatments: Any period of absence to receive multiple treatments (including any
period of recovery therefrom) by a health care provider or by a provider of health care
services under orders of, or on referral by, a health care provider.
LENGTH AND AMOUNT OF LEAVE
The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period. The leave
year is calculated based on a fixed or calendar date basis.
The entitlement to FMLA leave for the birth or placement of a child for adoption expires twelve (12)
months after the birth or placement of that child.
HOW LEAVE MAY BE TAKEN
FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day
periodically when needed), or may be used to reduce the workweek or workday, resulting in a reduced
hour schedule. In all cases, the leave may not exceed a total of 12 workweeks.
Intermittent 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 so as 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
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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.
PROCEDURE FOR REQUESTING LEAVE AND NOTICE
All employees requesting FMLA leave must provide written or verbal notice of the need for the leave to
Assistant City Administrator.
When the need for the leave is foreseeable, the employee must give verbal or written notice to his/her
supervisor at least thirty (30) days prior to the date on which leave is to begin. If 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.
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.
The City requires an employee on FMLA leave to report periodically on the employee’s status and intent
to return to work.
CERTIFICATION AND DOCUMENTATION REQUIREMENTS
For leave due to an employee’s serious health condition or that of an employee’s family member, the
City will require the completion of a Medical Certification form by the attending physician or
practitioner. The form must be submitted by the employee to the City Administrator within fifteen (15)
calendar days after leave is 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.
When leave is due to an employee’s own serious health condition, a fitness for duty certification (FFD)
will be required before an employee can return to work. Failure to timely provide such certification may
eliminate or delay an employee’s right to reinstatement under the FMLA.
If an employee is using intermittent leave and reasonable safety concerns exist regarding the
employee’s ability to perform his or her duties, a FFD certificate may be required as frequently as every
30 days during periods when the employee has used intermittent leave.
Recertification of leave may be required if the employee requests an extension of the original length
approved by the City or if the circumstances regarding the leave have changed. Recertification may also
be required if there is a question as to the validity of the certification or if the employee is unable to
return to work due to the serious health condition.
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SECOND AND THIRD MEDICAL OPINIONS
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.
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 leave 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 opinions.
REINSTATEMENT
Employees returning from Family and Medical Leave will be reinstated in the same position or a position
equivalent in pay, benefits, and other terms and conditions of employment.
GROUP HEALTH INSURANCE AND OTHER BENEFITS, CONCURRENT LEAVE AND SUBSTITUTION OF PAID
LEAVE
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 same level of City contribution as would
have been provided had the employee been continuously employed during the leave period. 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.
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.
Rights to additional continued benefits will depend on whether leave is paid or unpaid.
Any paid disability leave benefits (Short Term Disability or Long Term Disability), sick leave, Paid Time Off
(PTO) or compensatory time off available to employees for a covered reason (an employee’s serious
health condition or a covered family member’s serious health condition, including worker’s
compensation leave and Minnesota State Parenting Leave) will run concurrently with FMLA.
FAILURE TO RETURN TO WORK AFTER FMLA
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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 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 the employee fails to pay the City a portion of the premiums for which he or she is responsible during
the FMLA leave and the employee fails to return to work, coverage may end. Loss of coverage for failure
to pay premiums is not a qualifying event for purposes of continuation coverage under COBRA.
ACTIVITIES PROHIBITED DURING FMLA.
While on leave, an employee may not engage in activities (including employment) which have the same
or similar requirements and essential functions of an employee’s current position.
UNPAID MEDICAL LEAVE OF ABSENCE
If an employee is ineligible for FMLA leave or has exhausted available FMLA leave benefits, it is the
policy of the City to consider an employee’s request for a medical or personal leave of absence. The
amount of medical leave available to each employee will be determined on a case-by-case basis
depending on the position held, staffing requirements, the reasons for the leave, and the anticipated
return-to-work date. Employees who take unpaid medical leave are not guaranteed to return to the
same position held prior to taking leave.
Employees seeking a medical leave of absence will be required to present medical documentation to
support the need for the leave, on-going documentation to support the need for continued leave, and
documentation to support a return to work.
During Unpaid Medical Leave, employees will be expected to keep in regular contact with human
resources. When you anticipate your return to work, please notify human resources of your expected
return date at least one week before the end of your leave.
Employees on an Unpaid Medical Leave of Absence may be subject to COBRA notice and continuation
benefits and will be solely responsible for payment of the entire COBRA.
Failure to keep in touch with management during your leave, failure to advise management of your
availability to return to work, or failure to return to work following leave will be considered a voluntary
resignation of your employment.
FMLA – QUALIFIED EXIGENCY AND MILTARY CAREGIVER LEAVE
Qualified Exigency
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Eligible employees (described above) whose spouse, son, daughter, or parent either has been notified of
an impending call or order to covered active military duty or who is already on covered active duty may
take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service.
The qualifying exigency must be one of the following: (1) short-notice deployment; (2) military events
and activities; (3) childcare and school activities; (3) financial and legal arrangements; (5) counseling; (6)
rest and recuperation; (7) post-deployment activities; (8) parental care; or (9) additional activities that
arise out of active duty, provided that the employer and employee agree, including agreement on timing
and duration of the leave.
Military Caregiver Leave
An employee eligible for FMLA leave (described above) who is the spouse, son, daughter, parent, or next
of kin 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, or members on the permanent disability retired list.
DEFINITIONS
A “son or daughter of a covered servicemember” means the covered servicemember’s
biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered
servicemember stood in loco parentis, and who is of any age.
A “parent of a covered servicemember” means a covered servicemember’s biological, adoptive,
step, or foster father or mother, or any other individual who stood in loco parentis to the
covered servicemember. This term does not include parents “in law.”
The “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 following order of priority:
blood relatives who have been granted legal custody of the servicemember by court decree or
statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins,
unless the covered servicemember has specifically designated in writing another blood relative
as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.
When no such designation is made, and there are multiple family members with the same level
of relationship to the covered servicemember, all such family members shall be considered the
covered servicemember’s next of kin and may take FMLA leave to provide care to the covered
servicemember, either consecutively or simultaneously. When such designation has been made,
the designated individual shall be deemed to be the covered servicemember’s only next of kin.
“Covered active duty” means:
o “Covered active duty” for members of a regular component of the Armed Forces means
duty during deployment of the member with the Armed Forces to a foreign country.
o “Covered active duty” for members of the reserve components of the Armed Forces
(members of the U.S. National Guard and Reserves) means duty during deployment of
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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 of the
United States Code.
“Covered servicemember” means:
o An Armed Forces member (including the National Guard or Reserves) undergoing
medical treatment, recuperation, or therapy or otherwise in outpatient status or on the
temporary disability retired list, for a serious injury or illness”; or
o 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” means:
o In the case of a member of the Armed Forces (including a member of the National Guard
or Reserves), means an injury or illness that was incurred by the member in line of duty
on active duty in the Armed Forces (or existed before the beginning of the member’s
active duty and was aggravated by service in line of duty on active duty in the Armed
Forces) and that may render the member medically unfit to perform the duties of the
member’s office, grade, rank, or rating; and
o In the case of a veteran who was a member of the Armed Forces (including a member of
the National Guard or Reserves) at any time during a period when the person was a
covered servicemember, means a qualifying (as defined by the Secretary of Labor) injury
or illness incurred by a covered servicemember in the line of duty on active duty that
may render the servicemember medically unfit to perform the duties of his or her office,
grade, rank or rating.
AMOUNT OF LEAVE – QUALIFIED EXIGENCY
An eligible employee can take up to 12 weeks of leave for a qualified exigency.
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 on 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 26 workweeks of leave to care for a covered servicemember during this “single 12-month
period,” the remaining part of the 26 workweeks of leave entitlement to care for the covered
servicemember is forfeited. 29 C.F.R. § 825.127(e)(1) (2017).
CERTIFICATION OF QUALIFYING EXISGENCY FOR MILITARY FAMILY LEAVE
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The City will require certification of the qualifying exigency for military family leave. The employee must
respond to such a request within 15 days of the request or provide a reasonable explanation for the
delay. Failure to provide certification may result in a denial of continuation of leave. This certification
will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave.
CERTIFICATION FOR SERIOUS 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 FMLA policy, including Use of Paid Leave, Employee Status and Benefits
During Leave, Procedure for Requesting Leave, and Benefits During Leave and Reinstatement, are
outlined above in the FMLA policy.