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HomeMy WebLinkAboutItem 06.j Date: Item No. Resolution Amending Paid Time Off Policy Proposed Action Staff recommends adoption of the following motion: Move to approve the amendment to the Paid Time Off Policy 6.50. Overview The City of Lakeville Paid Time Off Policy 6.50 allows employees to convert up to 40 hours of PTO to cash annually. Staff recently consulted with a benefits attorney to review the paid time off policy to ensure that the City was following state and federal regulations. Staff is proposing the following amendments to the paid time off policy: • striking the word “funeral” to be consistent with the City’s Funeral Leave Policy 6.43. • adding limitations and restrictions for employees to cash-out PTO leave. • rescinding additional PTO hours for exempt employees who have reached the salary limit requirement of MN Statute 42A.17, Subd. 9. • revoking the extended medical bank cash out provision. The Personnel Committee reviewed the proposed amendment to the policy and is recommending approval. The proposed amendment was also reviewed by legal counsel. Primary Issues to Consider • Amending the paid time off policy would comply with state and federal regulations. Supporting Information • Resolution Amending Paid Time Off Policy 6.50 • Amended Paid Time Off Policy 6.50 Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tammy Schutta, Human Resources Manager December 3, 2018 CITY OF LAKEVILLE RESOLUTION NO. ____ RESOLUTION AMENDING THE PAID TIME OFF POLICY WHEREAS, the City of Lakeville Paid Time Off Policy 6.50 allows employees to convert up to 40 hours of PTO to cash annually; and WHEREAS, the policy amendment sets limitations and restrictions to cash-out PTO; and WHEREAS, the policy amendment includes rescinding additional PTO hour for exempt employees and the extended medical bank cash out provision; and WHEREAS, amending the paid time off policy will bring the policy into compliance with state and federal regulations. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the amendments to Paid Time Off policy. ADOPTED by the Lakeville City Council this 3rd day of December 2018 ______________________________ Douglas P. Anderson, Mayor _________________________________ Charlene Friedges, City Clerk PAID TIME OFF Policy 6.50 1) POLICY a) All eligible employees will accrue Paid Time Off (PTO) based on years of service with the City of Lakeville. The PTO benefit replaces the city policies on vacation and, sick and funeral leave and combines these benefits into a single plan. b) PTO can be used for any purpose, subject only to normal request/approval procedures consistent with policy and labor agreements. c) Requests for leave for reasons other than illness or injury must be submitted to the supervisor a minimum of 14 days (two weeks) in advance and will be granted in seniority order. Requests made with less than 14 days of notice will be granted on a first-come, first-serve basis at the discretion of the supervisor. d) Emergency use (illness or injury) requires notification to the supervisor a minimum of 30 minutes prior to the employee’s scheduled workday. Requests made are subject to the discretion of the supervisor. Emergency use may require documentation of the emergency such as a physician’s note. e) PTO time is accrued biweekly on an hourly basis. f) The maximum amount of PTO than can be accrued and carried over to the next year will be 480 hours. g) An employee that leaves the city in good standing, after giving proper notice, will be compensated for PTO leave accrued and unused to the date of separation. The amount will be taxable to the employee at their regular compensation rate on the date of separation. h) Employees using PTO leave will be considered to be working for the purpose of accumulating additional PTO time. i) Once during the calendar year, full-time employees may cash out up to forty PTO hours. Part-time employees have the ability to cash out a pro-rated value of 40 hours each calendar year. In December of each year, employees who have a leave balance of 240 PTO hours on November 30 will receive the option to elect to cash out a portion of the PTO to be earned in the following calendar year. Full-time employees may choose to receive cash for 40 hours of PTO. Part-time employees may choose to receive cash for a pro-rated value of 40 hours each calendar year. Employees cannot reverse the choice after December 31 of each year. PTO cash payment will be paid by July 1. The amount will be taxable to the employee at the regular compensation rate at the time of PTO cash payment. If the employee terminates employment before June 30, the cash payout will be pro-rated. j) Exempt employees, including the City Administrator, who reach the salary limit requirement of MN Stat. §43A.17, Subd. 9, shall receive equivalent hours above the limit in PTO. 2) PARTICIPATION a) Effective February 1, 2007, all non-union and union employees that have bargained this benefit into their contracts will have the opportunity to participate in the PTO benefit. b) Employees who choose not to participate will have the option on an annual basis to switch to the PTO plan during a period of open enrollment. Once the election is made to convert to the PTO program, employees cannot return to the vacation, sick leave and funeral leave program. c) Employees who choose not to participate in the PTO benefit will continue to accrue sick and vacation time according to those policies. d) All employees hired after February 1, 2007 will participate in the PTO program. 3) PTO ACCRUAL SCHEDULE a) The accrual schedule for full-time employees is as follows: 1st year of employment 18 days 144 hours 2nd year of employment 18 days 144 hours 3rd year of employment 19 days 152 hours 4th year of employment 19 days 152 hours 5th year of employment 20 days 160 hours 6th year of employment 20 days 160 hours 7th year of employment 22 days 176 hours 8th year of employment 22 days 176 hours 9th year of employment 24 days 192 hours 10th year of employment 24 days 192 hours 11th year of employment 26 days 208 hours 12th year of employment 26 days 208 hours 13th year of employment 28 days 224 hours 14th year of employment 28 days 224 hours 15th year of employment 30 days 240 hours 4) CONVERSION a) Conversion to the PTO plan is optional for employees hired before February 1, 2007. b) Current vacation accruals will be converted 1:1 to the PTO accrual. c) Sick balances will be converted to an Extended Medical Bank (EMB) at a 1:1 ratio at the time of PTO election. d) At retirement or separation, the value of the EMB will be either placed into a Health Care Savings Plan or paid directly to the employee according to city policy and/or contract language. 5) EXTENDED MEDICAL BANK a) EMB hours may only be used after the first 40 consecutive hours of an absence for the employee’s serious health condition, or the serious health condition of the employee’s child. Effective August 1, 2013, EMB may also be used for the serious health condition of the employee’s adult children, spouse, siblings, parents, grandparents or stepparents. This use is limited to 160 hours in a year. The forty hour waiting period shall apply to each separate incident of a serious health condition. b) For regular part-time employees, the waiting period before becoming eligible to use extended leave pay shall be based on a prorated basis by determining the actual hours the employee is scheduled to work according to the budget. c) EMB leave shall not be considered as a privilege or vested right which an employee may use at their discretion, but shall be considered as a type of insurance which shall be allowed in case of a serious health condition of the employee or the employee’s child. d) Employees shall notify their immediate supervisor or the Human Resources Department on the first day of a qualifying serious health condition. Any employee using EMB leave may be placed on concurrent FMLA leave. e) As of November 21, 2016, employees who currently have an Extended Medical Bank (EMB) will be allowed to apply for early cash out from their EMB. Thirty five percent (35%) of the employee’s EMB may be cashed out. If the employee elects to cash out, the Extended Medical Leave Bank will be set at zero “0”. The employee will no longer be eligible for separation pay under Policy 6.63 upon separation/retirement. The early cash out will be subject to taxes. f)e) Employees converting the City’s PTO plan after November 21, 2016 will not be eligible to apply for early cash out from their EMB.