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HomeMy WebLinkAboutItem 06.kr June 16, 2014 Item No. AMENDMENTS TO CITY OF LAKEVILLE POLICY MANUAL Proposed Action Staff recommends adoption of the following motion: Move to approve amendments to the Ci1X of Lakeville Policy Manual. Passage of this motion will result in updated policies that continue the City's practice of providing uniform guidelines that are consistent and fair and that comply with laws, ordinances and government regulations. Overview City staff has reviewed the Development Project Review policy with the City Council at work session and amended the policy as directed. Staff has also amended policies related to the Women's Economic Security Act, Minnesota Human Rights Act, and Minnesota Clean Indoor Air Act. These policies have been reviewed by City Attorney Roger Knutson and are recommended for approval by the Personnel Committee. Primary Issues to Consider • What changes are being recommended? Supporting Information • Various policies. Human Resources Manager Financial Impact: $ n/a Budgeted: Y/N _Y. Related Documents (CIP, ERP, etc.): Notes: Source: various Council Report Page 2 Issues to Consider What changes are being recommended? The policies are amended as listed below: i. Development Project Reviews This policy is amended to state the City Council's willingness to consider holding special meetings in order to expedite the City's development review and approval process of commercial and industrial developments. ii. Sick Leave with Pay (required by Mn. Stat. §181.9413) a. Permit an employee to use sick leave benefits for absences due to illness of the employee's mother-in-law, father-in-law or grandchild; b. Permit an employee to use sick leave for "safety leave" related to sexual assault, domestic abuse, or stalking; iii. Pregnancy and Parenting Leave (required by Mn. Stats. §181.940 -181.94'1) a. Changes the definition of employee to a person who performs services at least 12 months preceding the request for leave. b. Expands the amount of unpaid leave from six weeks to 12 weeks. c. When taken in conjunction with the birth or adoption of a child, changes the permissible start date from within six weeks after the birth or adoption to within 12 months after the birth or adoption. d. Permits qualifying female employees to take unpaid leave for prenatal care or incapacity due to pregnancy, childbirth or related health condition. e. Permits employers to require reasonable notice of the date of the leave and the estimated duration of the leave. iv. Unpaid Work Time for Nursing Mothers (required by Mn. Stat. §181.939) a. Requires reasonable efforts to provide nursing mothers with a private area to express milk that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet. v. Pregnancy and Reasonable Accommodations (required by Mn. Stat. §181.944) a. Requires reasonable accommodations to an employee for health conditions related to pregnancy or childbirth if the employee makes such a request. A Discrimination Recourse (Mn. Human Rights Act §363A.01) a. Prohibits an employer from any inquiry into a job applicant's familial status except when based on a bona fide occupational qualification. vii. Smoke Free Environment (Mn. Clean Indoor Air Act) a. Prohibits "vaping" or e -cigarettes in City buildings, vehicles, or other motorized equipment. SICK LEAVE WITH PAY Policy 6.52 1) POLICY a) Sick leave with pay shall be granted to all eligible employees at the rate of one (1) eight (8) hour working day for each calendar month of full-time service. For this purpose, one (1) calendar month shall be any month in which an employee is paid for twelve (12) or more working days (ninety-six(96) working hours). Part-time liquor store and seasonal/temporary employees are not eligible for sick leave accrual benefits. b) The maximum accumulation of sick leave as of January 1st each year is 960 hours (120 working days). Accumulated sick leave in excess of 960 hours on January 1St of each year is forfeited. Accumulated sick leave in excess of 960 hours on January 1, 1999 shall not, however, be forfeited. Employees with accumulated sick leave in excess of 960 hours on January 1, 1999 shall use this excess accumulated leave first when using sick leave. c) Sick leave shall not be considered as a privilege or vested right which an employee may use at the employee's discretion, but shall be considered as a type of insurance which shall be allowed in case of necessity in an actual illness, legal quarantine, or disability of the employee, or to receive dental or medical care or other sickness preventative measures, as approved by the supervisor. d) Mn Statute §181.9413 authorizes eligible employees to use up to 160 hours of sick leave in any calendar year for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, grandparent, stepparent, parent -in-laws, and grandchildren. In addition, employees are authorized to use sick leave for reasonable absences for themselves or relatives who are providing or receiving assistance because the, or a relative, is a victim of sexual assault, domestic abuse, or stalking. e) The employee must notify employee's department director or designee of the need for sick leave within one-half (1/2) hour of the beginning of the work day. Lack of proper notification may be cause for disciplinary action. f) In order to be eligible for sick leave with pay, an employee must: i) Report within one-half (1/2) hour of the beginning of the workday to the department director the reason for absence. ii) Keep the director informed of the condition if the absence is of more than three (3) days duration. iii) Submit a medical certificate for any absence of any duration if required by the director or City Administrator. iv) The employee must complete a request for leave form before the employee will be granted sick leave pay. g) An employee who meets the other requirements of this section who is receiving workers compensation payments may be granted sick leave pay for the amount of the difference between employee's workers compensation payment and employee's salary to the extent that employee's sick leave is accrued, after the employee has used all of employee's accrued injury on duty leave. 224 PREGNANCY and PARENTING LEAVE Policy 6.66 1) POLICY a) The Minnesota Pregnancy and Parenting Leave Act provides (12) weeks of unpaid leave to eligible 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 or after the Firth or adoption of a child. Employees are eligible if they have been employed for more than one year and work at least 20 hours or more per week. b) An employee may take a maximum of twelve (12) weeks of unpaid leave and must begin within twelve 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. 2) NOTICE a) The employee must give the city at least thirty (30) days advance notice. A Request far Leave form should be completed by the employee and returned to the immediate supervisor. in unexpected or unforeseeable situations, the employee should give as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known, followed by a completed form. 3) LEAVE a) Employees may choose to use accrued leave while on FMLA leave as long as the provisions within those written policies apply. If choosing unpaid leave, the employee will not accrue benefits. b) The leave will run concurrently with the use of accrued leave, including FMLA and workers compensation injuries. 4) INSURANCE a) The employee may choose to continue existing health benefits and life insurance while on Pregnancy and Parenting leave. The city will continue to pay the same portion of the cost of the coverage as it did prior to the leave. b) Employee contributions will be required either through payroll deduction or by direct payment to the city. The employer will be advised in writing at the beginning of the leave period as to the amount and method of payment. If an employee's contribution is more than thirty (30) days late, the city may terminate the employee's insurance coverage. 5) RETURN FROM LEAVE a) Upon return from FMLA leave, employees will be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms. If, during this leave, the city experiences a layoff and an employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the FMLA leave. UNPAID WORK TIME FOR NURSING MOTHERS Policy 6.67 1) POLICY aj Nursing mothers will be provided reasonable unpaid break time to express milk for nursing her child for up to one year after the child's birth. The city will provide a room that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet so that the mother may express milk in private. 2191 PREGNANCY and REASONABLE ACCOMODXFJONS Policy 6.68 1) POLICY 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 unless such accommodations impose an undue hardship on the city. * More frequent restroom, food, and water breaks; ! Seating; • Limits on lifting over 20 pounds and/or temporary transfer to a less strenuous or hazardous position, should one be available. PERSONNEL POLICIES - CONDUCT & ETHICS DISCRIMINATION RECOURSE Policy 6.16 1) POLICY a) Equal employment opportunity is the right of a person to work and to advance on the basis of merit, ability, and individual potential. The City of Lakeville will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, . national origin, ancestry, sex, sexual orientation, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission. b) Any employee who feels that (s)he is a victim of discrimination or who believes (s)he has witnessed discrimination should immediately report such actions in accordance with the following procedure: i) Any employee who has witnessed or believes that (s)he is a victim of discrimination should report the act immediately to their Department Director, Human Resources Manager, City Administrator, or City Attorney. ii) The city will investigate every reported incident immediately. Any employee or supervisor who has been found to have discriminated against another employee may be subject to appropriate disciplinary action, up to and including immediate discharge. iii) The city will conduct all investigations in a discreet manner. The city recognizes that every investigation requires a determination based on all the facts in the matter. iv) The city will not tolerate retaliation against an employee who files a complaint alleging discrimination. The city will discipline any employee who retaliates against another employee who files a complaint alleging discrimination or who testifies, assists, or participates in any manner in any investigation into a complaint alleging discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. v) A charge of discrimination may be filed with the Minnesota Department of Human Rights and the United States Equal Employment Opportunity Commission by a person or group of persons who believe they are victims of unlawful employment discrimination. vi) Charges may also be filed on behalf of a person or group of persons by their representative. vii) Charges may also be filed by the Commissioner of Human Rights or by the EEOC when there is reason to believe that a person is engaging in an unfair discriminatory practice. viii)A charge must be filed with the EEOC within 180 days of the alleged unlawful employment practice and the MN Department of Human Rights within one year after the occurrence of the practice. SMS, iL. Policy 6.13 1) PURPOSE a) The purpose of the smoke free policy is to protect the health of all employees by prescribing rules and regulations pertaining to smoking in city buildings and around city buildings. 2) BACKGROUND a) The Surgeon General has confirmed that second hand smoke causes death and disease in healthy nonsmokers. b) The EPA has classified second hand smoke as a "class A" carcinogen. That places it in the same category as asbestos and confirms that second hand smoke can cause cancer. c) People are not protected by simple separation from tobacco smoke. d) The City of Lakeville observes and supports the Minnesota Clean Indoor Air Act. 3) POLICY a) All City of Lakeville buildings will be smoke free. Smoking and e -cigarettes are strictly prohibited in all city buildings, and in city vehicles and other motorized equipment. This policy applies to cigars, cigarettes, pipes, and other types of tobacco smoking products and "vaping'. b) This policy applies to all employees, Council members, volunteers, clients and visitors. Copies of this policy will be distributed to all employees. c) Employee smoking areas outside of city buildings will be designated by the City Administrator. Employees who choose to smoke will be allowed to use the designated areas for smoking while the employee is on break or during lunch/rest periods. 4) PENALTIES a) Any problems should be brought to the attention of your supervisor. Employees who violate this policy will be subject to disciplinary action. 5) GENERAL a) All employees share in the responsibility for the success of this policy. The City of Lakeville encourages all nonusers to be supportive of the people who carry the burden of this policy.