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10.d Resolution 12-19-23-11 Changes to Personnel Policy Staff Report Date of Meeting: December 19, 2023 For: Honorable Mayor and Council From: Kyle Morell, City Administrator Subject: Earned Sick and Safe Time Policy Background: One of the new laws to come out of the legislative session this year was the Earned Sick and Safe Time (ESST) Law, which requires employers to provide earned sick and safe paid leave to employees who work in Minnesota. Every employer is supposed to have a policy in place and be ready to begin accruals by January 1, 2024. Scandia provides earned sick and safe time to full-time employees under a paid time off policy and is not required to provide additional earned sick and safe time to these employees since our current paid time off policy exceeds the minimum standard established in this law. The law defines an employee as someone who works at least 80 hours in a year for an employer, excluding independent contractors. Temporary and part-time employees are covered under the law. Employers are required to provide each employee with one hour of ESST for every 30 hours worked, with the ability to accumulate at least 48 hours of ESST time each year. The City Attorney reviewed the City’s ESST policy and also noted other policies that needed to be adopted before the end of 2024. The City must also add a Pregnancy and Parenting Employee Leave Policy and Lactating Employee Policy to remain in compliance with legislation passed in 2024. Additionally, the City’s Personnel Policy was lacking a required Pregnancy Accommodations Policy. All of these policies have been included in the attached Resolution. Issue: All policies that are included in Resolution 12-19-23-11 have been reviewed and approved by the City Attorney and are in compliance with state law. Staff will bring forward a revised Personnel Policy that has incorporated these new policies in January. Options: 1) Approve Resolution 12-19-23-11 Establishing an Earned Sick and Safe Leave Policy for the City of Scandia. Recommendation: Option 1 Attachments: Resolution 12-19-23-11 Amending Cities Personnel Policy CITY OF SCANDIA RESOLUTION #12-19-23-11 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF SCANDIA RESOLUTION AMENDING THE PERSONNEL POLICY OF THE CITY OF SCANDIA WHEREAS, the City Council has adopted Resolution 03-16-10-10 establishing a personnel policy for the City of Scandia; and WHEREAS, the personnel policy was amended by Resolution 10-19-10-03, Resolution 2- 21-12-05, Resolution 08-19-14-04, and Resolution 06-07-18-01, and 06-07-23-02: WHEREAS, amendments to the policy have been recommended; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does make the following additions as noted in Attachment A to the Personnel Policy. Adopted this 19th day of December 2023. CITY OF SCANDIA, MINNESOTA ______________________________ Christine Maefsky, Mayor _____________________________ Kyle Morell, City Administrator ATTACHMENT A: SICK AND SAFE LEAVE POLICY CITY OF SCANDIA Earned Sick and Safe Leave "Earned Sick and Safe Leave" is paid time off earned at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. This specific leave applies to all employees (including part-time, seasonal, and temporary employees) performing work for at least 80 hours in a year for the City. Earned Sick and Safe Leave policy is in accordance with Minn. Stat.§ 181.9445- 181.9448. A. Eligibility/Accrual All Employees, except Council Members, are entitled to earn sick and safe leave at the rate of one (1) hour for every thirty (30) hours worked, up to a maximum of forty-eight (48) hours accrued yearly. Accrued and unused hours carry over into future years, up to a maximum of eighty (80) hours accrued overall. When the 80-hour overall limit is reached, accrual immediately stops until usage occurs, at which time accrual restarts (until either the yearly or overall limit is reached). When the 48-hour yearly limit is reached, accrual does not restart until the following year. The year starts on January 1 and ends on December 31. All employees begin accruing hours on the first day of work, regardless of whether they are full-time, part-time, seasonal, or temporary workers. An employee who is exempt from the overtime provisions of the Fair Labor Standards Act is assumed to work 40 hours per week. B. Use/Purpose All employees are permitted to use the leave in increments of not less than fifteen (15) minutes. Earned Sick and Safe Leave can be used as it is accrued. Paid Earned Sick and Safe Leave hours will be compensated at the employee's regular rate of pay. Employees may only use sick and safe leave for one of the authorized reasons listed below.  an employee’s mental or physical illness, treatment or preventive care;  the mental or physical illness, treatment or preventive care of an employee’s family member;  absence due to domestic abuse, sexual assault or stalking of an employee or their family member;  closure of an employee’s workplace due to weather or public emergency or closure of their family member’s school or care facility due to weather or public emergency; and  when determined by a health authority or health care professional that an employee or their family member is at risk of infecting others with a communicable disease. D) Advance Notice for use of Earned Sick and Safe Leave If the need for sick and safe leave is foreseeable, the city requires seven days' advance notice. However, if the need is unforeseeable, employees must provide notice of the need for Earned Sick and Safe time as soon as practicable. E) Documentation When an employee uses Earned Sick and Safe time for more than three consecutive days, the city may require appropriate supporting documentation regarding the reason for their use of earned sick and safe time (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). F) Carry Over of Earned Sick and Safe Leave Employees are eligible for carry-over accrued but unused Earned Sick and Safe time into the following year, but the total of Earned Sick and Safe Leave carry-over hours shall not exceed 80 hours. G) Retaliation Prohibited The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an Earned Sick and Safe Leave absence, or pursuing remedies. Further, use of Earned Sick and Safe Leave will not be factored into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to report a person or a family member's immigration status for exercising a right under Earned Sick and Safe Leave. H) Benefits and Return to Work Protections During an employee's use of Earned Sick and Safe Leave, an employee will continue to receive the city's employer insurance contribution as if they were working, and the employee will be responsible for any share of their insurance premiums. An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to return to their city employment at the same rate of pay received when their leave began, plus any automatic pay adjustments that may have occurred during the employee's time off. Seniority during Earned Sick and Safe Leave absences will continue to accrue as if the employee has been continually employed. I) Separation of Employment Employees will not be paid for any accrued but unused sick and safe leave upon termination of employment. If an employee separates from employment and is rehired within 180 days, any earned and unused sick and safe leave that the employee had at the time of separation will be reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at the commencement of reemployment. Effective January 1, 2024 FULL-TIME EMPLOYEE LEAVE POLICY CITY OF SCANDIA a) Employee Leave 1) Paid Time Off (PTO) Full-Time employees are entitled to PTO. (a) Paid Time Off shall accrue according to the following schedule for regular full- time employees: Completed Years of Employment PTO hours accrued per year PTO days (8 hr.) accrued per year 0 – 1 132 16.5 2 – 4 168 21 5 – 9 192 24 10 – 14 216 27 15+ 240 30 (b) The City Council may establish higher levels of annual leave accrual for an employee at the time of hiring if such authorization serves a public purpose. Such accruals shall never exceed the maximum allowed. (c) Regular part-time employees shall accrue PTO on a pro-rata basis if they are scheduled to work 30 or more hours per week. (d) Accrual is based on a calendar year. 2) Administration of Paid Time Off (PTO) (a) Employees may use PTO for vacations, physical illness or injury, doctor appointments, care of an ill family member, absence due to domestic abuse, sexual assault or stalking of an employee or their family member, and closure of a family member’s school or care facility due to weather or public emergency. (b) An employee shall not have more than 480 hours of PTO accrued at any time unless a written request has been submitted to and approved by the City Administrator and the City Council. (c) Employees may not use PTO until it has been credited to the employee’s bank in the payroll system. (d) Probationary employees will accrue PTO and may use PTO as provided by this policy, but shall not receive payment for unused PTO if the employee is terminated during the probationary period. (e) Accumulated PTO cannot be transferred from one employee to another. (f) PTO shall not be earned by an employee during leaves of absence without pay when such leaves are in excess of ten (10) consecutive working days. An employee receiving either short-term or long-term disability insurance is considered to be on leave without pay for the purposes of this section. (g) PTO will take two forms:  planned time off, which will be scheduled at least seven days’ in advance;  unplanned time off, which will require notification of the supervisor as soon as practicable. (h) PTO may be used in increments of the smallest increment of time tracked by the employer’s payroll system. (i) When an employee uses unplanned PTO for more than three consecutive days, an employer may require reasonable documentation. (j) The unused balance of PTO shall be paid to an employee leaving the city in good standing as provided by Section 3 of this policy, at the pay rate the employee is earning at that time of separation from employment. Retaliation against employees who request or PTO is prohibited. Each employee has the right to file a complaint or bring a civil action if PTO is denied by the employer or the employee is retaliated against for requesting or using PTO. Effective January 1, 2024 PREGNANCY AND PARENTING EMPLOYEE LEAVE POLICY CITY OF SCANDIA Pregnancy and Parenting Leave (a) The Company will grant an unpaid leave of absence to an employee who is: (i) a biological or adoptive parent in conjunction with the birth or adoption of a child; or (ii) a female employee for prenatal care or incapacity due to pregnancy, childbirth, or related health conditions. (b) The length of the leave shall be determined by the employee but must not exceed 12 weeks unless agreed to by the city. (c) The leave shall begin at a time requested by the employee. For leave taken under subdivision 1, leave must begin within 12 months of the birth or adoption; except that, 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. (d) The city shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section. (e) The city will continue to make coverage available to the employee while on leave of absence under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents. Although the employee shall bear the costs unless otherwise required by law Effective January 1, 2024 LACTATING EMPLOYEE POLICY CITY OF SCANDIA Lactating Employees 1) The city will provide employees reasonable paid break times each day to express milk. The break times may run concurrently with any break times already provided to the employee. 2) If you need to express milk, the city will make reasonable efforts to provide you with a clean, private, and secure room or other location, other than a bathroom or a toilet stall, to express milk. The room will be in close proximity to the work area, shielded from view and free from intrusion from co-workers and the public, and will have access to an electrical outlet. 3) You are encouraged to discuss the length and frequency of these breaks with your Supervisor . 4) The city will not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under this subdivision. Effective immediately PREGNANCY ACCOMMODATIONS EMPLOYEE POLICY CITY OF SCANDIA Pregnancy Accommodations 1) The city will provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the Company demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. 2) A pregnant employee shall not be required to obtain the advice of a licensed health care provider or certified doula, nor may an employer claim undue hardship for the following accommodations: (1) more frequent or longer restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. 3) The city will engage in an interactive process with respect to an employee's request for a reasonable accommodation. Reasonable accommodation may include but is not limited to temporary transfer to a less strenuous or hazardous position, temporary leave of absence, modification in work schedule or job assignments, seating, more frequent restroom breaks or longer break periods, and limits to heavy lifting. 4) Notwithstanding any other provision of this subdivision, the city will not create a new or additional position in order to accommodate an employee pursuant to this subdivision and shall not be required to discharge an employee, transfer another employee with greater seniority, or promote an employee. The city will not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under this subdivision. Effective immediately