Loading...
9.h) Review Personnel Policies Regarding Overtime 4. .. .. Meeting Date: 1/15/2007 Agenda Item: � h 1 � City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Review the personnel policies regarding overtime pay, as requested by Council members Peterson and Crum. Deadline/Timeline: N/A Background: • The personnel policy provides for time and one-half pay for all hours worked over 40 in one workweek for non-exempt employees. Paid time off, sick leave, compensatory time off, funeral leave and paid holidays do not count toward"hours worked." (See Section 2. e) 3) (a)of the policy, attached.) • Recently an issue arose regarding overtime pay for the Maintenance Supervisor, who was paid straight time for 2%z hours of compensatory time off taken during a work week when he also worked overtime. • The previous personnel policy did not address this issue. Language was included in the new policy adopted in June to avoid a potential abuse of the policy. An employee could potentially take vacation or sick leave during the work week to receive overtime pay for less than 40 hours of work. • The new policy does include a provision ensuring time and one- half pay for any hours worked on a holiday,regardless of the hours worked in a week, and also allows the employee to take the holiday time on another day. (See Section l.d) 7)) Recommendation: I recommend that the Council discuss the issue and give direction for any actions. Attachments/ • Resolution 06-19-07-01 Establishing Employee Leave,Work Materials provided: Hours and Overtime Policies Contact(s): Prepared by: Anne Hurlburt, Administrator (overtime policy) Page 1 of 1 O1/11/08 • ' . CITY OF SCANDIA RESOLUTION NO.: 06-19-07-01 RESOLUTION ESTABLISHING EMPLOYEE LEAVE, WORK HOURS AND OVERTIME POLICIES WHEREAS, the Scandia City Council has determined that it is the best interest of the City to provide employees with paid time off for holidays, for their personal needs as an employee benefit, to meet the requirements of state and federal laws, and to enable the city to attract and retain a quality workforce; and WHEREAS, policies regarding work hours and overtime are necessary to provide for the effective delivery of services, to meet the requirements of the law, and to ensure employee accountability; - NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does adopt the attached "Employee Leave, Work Hours and Overtime Policies", said policy taking precedence over any other policy that may have been established in the past that may be in conflict. FURTHER BE IT RESOLVED, that all other portions of the New Scandia Township Employment and Personnel Policies, adopted January 16, 2001 not in conflict with these policies shall remain in effect except as amended herein and by previous Town Boazd and City Council actions. Adopted by the Scandia City Council this 19th day of June,2007. ;. � 2�� ' Dennis D. Seef d , Ma or ATTEST: G���--t��.��� , Administrator/City Clerk . • Resolution No.:06-19-07-01 ' City of Scandia,Minnesota Employee Leave, Work Hours and Overtime Policies June 19, 2007 1. EMPLOYEE LEAVE a) Paid Time Off(PTO) 1) Paid Time Off shall accrue according to the following schedule for regular full-time employees: PTO Hours Completed Years of Accrued per Pay PTO Hours PTO Days(8 hr.) Em lo ent Period Accrued er Year Accrued er Year 0— 1 5.5 132 16.5 2—4 7 168 21 5—9 8 192 24 10— 14 9 216 27 15+ 10 240 30 2) 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. 3) Regular part-time employees shall accrued PTO on a pro-rata basis if they are scheduled to work 30 or more hours per week. b) Administration of Paid Time Off(PTO) 1) 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. 2) Employees may not use PTO until it has been credited to the employee's bank in the payroll system. 3) Probationary employees will accrue PTO and may use PTO as provided by this policy,but sha11 not receive payment for unused PTO if the employee is terminated during the probationary period. 4) Accumulated PTO cannot be transferred from one employee to another. 5) 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. 6) PTO will take two forms: (a) planned time off which will be scheduled in advance with the supervisor's approval; 2 • � . ' Resolurion No.:06-19-07-01 (b) unplanned time off which will require notification of the supervisor within 30 minutes of the employee's scheduled work day if the employee is not at work, or notification of the supervisor before leaving work. 7) PTO may be used in increments of one hour or more. 8) If unplanned time off shows a pattern suggesting abuse,the City Administrator shall notify the employee of his/her concem. If such abuse continues, the employee shall be warned in writing that such continued abuse may be cause to deny future unplanned time off requests without a physician's note. 9) Upon separation from employment,the unused balance of PTO shall be paid to the employee at the pay rate the employee is eaming at that time. c) Transition—Employees Hired Prior to Adoption of PTO Policy 1) Vacation time shall be converted to Paid Time Off(PTO),one hour of PTO for each hour of vacation time accrued. 2) Sick leave shall be placed in a"Sick Leave Bank". (a) The Sick Leave Bank may be used in the case of an extended personal illness or disability requiring more than twenty-four(24)hours of continuous absence from work. The Sick Leave Bank may be used for the twenty-fifth(25�')and subsequent hourts)of absence. (b) The City reserves the right to require a physician's statement indicating the nature and length of the disability,and/or the ability of the employee to retum to work, for any absence for wluch the employee requests use of the Sick Leave Bank. (c) No additional Sick Leave shall accrue, and balances shall not be converted to any other form or thing of value at any time for any purpose for any employee, except as may be provided by this policy. (d) Full-time employees shall be entitled to payment for unused Sick Leave Bank balances as severance pay upon retirement, death or resignation only under the following conditions: (a) He/she sliall have an accumulation of at least sixty(60)days(480 hours)of sick leave. (b) He/she shall have been employed by the city or township for ten(10) years or more. (c) Severance compensation shall be one-half of unused sick leave,but shall in no event exceed $5,000.00. (d) If payment of severance pay is made as a result of the death of an employee, it shall be paid to his/her surviving spouse and if he/she leaves no spouse surviving, to his/her estate. d) Iiolid$ys 1) The City observes the following official holidays for all regular full-time and part-time employees: (a) New Year's Day(January 1) 3 � r � Resolution No.:06-19-07-01 � (b) Martin Luther King,Jr. Day(Third Monday in January) (c) President's Day(Third Monday in February) (d) Memorial Day(Last Monday in May) (e) Independence Day(July 4) (fl Labor Day(First Monday in September) (g) Columbus Day(Second Monday in October) (h) Veteran's Day(November 11) (i) Thanksgiving Day(Fourth Thursday in November) (j) Friday after Thanksgiving Day (k) Christmas Day(December 25) 2) 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) hows thereafter. 3) When a holiday falls on a Sunday,the following Monday will be the "observed"hoiiday and when a holiday falls on a Saturday, the preceding Friday will be the"observed"holiday for City operations/facilities that aze closed on holidays. 4) 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. 5) Part-time employees will not receive holiday pay,unless they are normally scheduled to work at least 30 hours per week. Eligible part-time employees will receive pro-rated holiday pay based on the number of hours normally scheduled. 6) Any employee on a leave of absence without pay from the City is not eligible for holiday pay. 7) Non-exempt employees r�uired to work on a holiday shall be paid time and one-half their regular rate of pay. Any employee required to work on a holiday shall be allowed to take paid time off on an alternate day,one hour for each hour worked, subject to the supervisor's approval. 8) Employees wanting to observe holidays other than those officially observed by the City may request either PTO or unpaid leave for such time off. e) Bereavement/Funeral Leave 1) Funeral leave may be granted to full time City employees, or to part time employees scheduled to work 30 hours or more per week. To be eligible for funeral leave an employee must furnish adequate proof that a death has occurred with the employee's immediate family. 2) The term "immediate family" shall include spouse,parents, step-parents, child, step-child, grandchild, step-grandchild, siblings and step-siblings of the employee,or grandparents of the employee or spouse, mother-in-law or father-in-law. Relatives of the employee other than those above listed shall not be considered members of the immediate family for the purposes of this policy. 4 � • Resolution No.:06-19-07-01 3) Paid funeral leave may be granted for one, two or three work days where the supervisor concludes such leave is warrant�provided that no more than three days (24 hours) of paid funeral leave per calendar year shall be allowed. � Jury Duty 1) Regular full-time and part-time employees will be granted paid leaves of absence for required jury duty. Such employees will be required to tum 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 tune work� in computing overtime. 2) Employees excused or released from jury duty during their regular working hours will report to their regulaz work dudes as soon as reasonably possible or will take accrued vacation or compensatory tune to make up the difference. 3) Employees aze 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. 4) 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 city administrator approval. However,if a temporary or seasonal employee is classified as exempt,he/she will receive compensation for the jury duty time. g) Court Appearances 1) 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 tumed over to the City. h) Military Leave 1) 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 aze 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. 2) 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 retuming 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 calendaz year,not to exceed five years. s . Resolution No.:06-19-07-01 ' 3) Where possible, notice is to be provided to the City at least ten(10) working days in advance of the requested leave. 4) 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) accruals. 5) 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. i) Leaves of Absence Without P�y 1) The City Administrator may, giving consideration to the needs of the City and the ability of the remaining staff to accomplish work responsibilities, - authorize regular employees to be absent without pay for personal reasons for a period or periods not to exceed a total of ten(10)working days in any calendar year. 2) Requests for leave of absence without pay in excess af ten(10) days in a calendar year must be submitted to and approved in advance by the City Council. Employees sha11 request such leaves of absence without pay in writing in advance of the date so desired indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. 3) Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self-employment. Any employee who obtains a leave of absence by misrepresenting its purpose shall be discharged. 4) While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city sponsored insurancets)in which he/she is a member or be eligible to accrue PTO or holiday pay. Nor will the time on leave of absence without pay be considered for purposes of calculating time in acdve service where the period exceeds ten consecutive working days. j) Parenting Leave 1) 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 in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin within six (6) weeks after the birth or adoption of the child. 2) Employees are not required to use accumulated PTO during Pazenting Leave but may do so at their option. 3) The employee is entitled to retum to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the 6 � f � • Resolution No.:06-19-07-01 leave. Any group insurance coverage in which the employee participates will remain in effect during the six(6) week Parenting Leave. k) Special Statutory Leaves 1) Any employee who works an average of(20 hours per week or more)may be granted unpaid leave not to exceed 16 hours per l 2 month period to attend school conferences or school related activities relat�to the employee's cluld. This leave shall be granted only if: a) such activities cannot be scheduled for non-work dme;b) the activities are scheduled to minimize work disruption; and c) the supervisor is apprised of the request in advance(preferably one week or more). 2) Any employee who works an average of 20 or more hours per week may be granted a leave of absence to undergo a medical procedure to donate bone marrow in accordance with applicable state law. - 3) The policies in this section aze general statements of federal and state statutes and regulations. They are for information purposes only and are not meant to increase or decrease the benefits actually available by statute. 4) The Employee must comply with all requirements for fumishing information as outlined in the statutes. 2. WORK HOURS AND OVERTIME a) General Working Hours 1) Work schedules for employees will be established by the City Administrator. The regular work week for full-time employees is five eight-hour days in addition to a lunch period, Monday through Friday. Part-time employees shall maintain such hours in accordance with the customs and needs of the department, as approved by the City Administrator. 2) Office hours for the city office are 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m., Monday through Friday. Public Works Deparhnent hours are 7:00 a.m. to 3:30 p.m. Monday through Friday. 3) Regular work schedules and/or office hours may be changed by the City Administrator with written notice at least one week in advance to the affeeted employee(s.) b) Meal Breaks and Rest Periods 1) A paid fifteen(15)minute paid 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 or more consecutive hours. 2) Employees working in City buildings will normally take their break at an appropriate place for that purpose in each building. Employees working out- of-doors will normally take their break at the location of their work. Employees whose duties involve traveling throughout the City may stop along 7 � . ` . Resolurion No.:06-19-07-01 � the assigned route at a restaurant or other public accommodation for their fifteen(15)minute break. Exceptions may be approved by the supervisor or City Administrator. 3) 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 ineal breaks and rest periods. c) Adverse Weather Conditions 1) 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 will be allowed to use accrued PTO or compensatory time, or with supervisor approval may modify the work schedule or make other reasonable schedule adjustments. - 2) Public works maintenance employees will generally be required to report to work regardless of conditions. d) Emergency WorW Call6acks 1) A non-exempt, over-time eligible employee who is called in to work after hours will be paid for a minimum of two hours. e) Overtime/Compensatory Time 1) The City 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 "exempY'or"non-exempt" from earning overtime pay. 2) Employees may be required to work overtime 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. 3) Non-Exempt(overtime-eligible)Employees: . (a) 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 time off, sick leave, compensatory time off, funeral leave and paid holidays do not count toward "hours worked". (b) The workweek begins at midnight on Sunday and runs until the following Saturday night at 11:59 p.m. (c) Compensation will take the form of either time and one-half pay or compensatory time. Compensatory time is paid time ofF at the rate of one and one-half hours off for each hour of overtime worked. (d) The employee's supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. 8 Resolution ivo.:06-19-07-01 (e) Overtime eamed 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 timecard that the overtime earned is to be recorded as compensatory time in lieu of payment. (fl The maximum compensatory time earned for any employee is eighty (80)hours per calendar year. All further overtime will be paid. Employees may request and use compensatory time off in the same manner as other leave requests. (g) All compensatory time will be marked as such on official time cards, both when it is eatned and when it is used. All unused compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time. 4) Exempt(non-overtime-eligible)Employees (a) Exempt employees are expected to work the hours necessary to meet the performan�e expectations for their positions. Generally, to meet these expectations, and for reasons of public accountability, 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. This includes normal work hours, evening meetings and/or on-ca11 hours as necessary. (b) In recognition for working extra hours,these employees may take some time off during their normal working hours,with supervisor approval. The time off for extra hours will not be on a one-for-one basis. (c) Exempt employees are required to use paid time off when on personal business or away from the office for four(4)hours or more,on a regular work day. Absences of less than four(4)hours may not require use of paid leave if the staff member regularly puts in work hours above and beyond the normal work hours. (d) If an exempt employee regularly absents themselves from work under this policy and it is found that there is excessive time away from work which is not justified, the situation will be handled as a performance issue. 9 Meeting Date: 1/15/2007 Agenda Item: �d �� City Council Agenda Report City of Scandia 14727 209�'St.North Scandia, MN 55073 (651)433-2274 Action Requested: Reschedule March 4, 2008 City Council meeting. Deadline/Timeline: N/A Background: • State Law prohibits cities from conducting public meetings after 6:00 p.m. on the day of major party caucuses. This year,the caucuses are on February 4,rather than the Mazch 4 date(first Tuesday in March)which is referenced by the statute. • Because of the change in the caucus date,there has been some confusion about when meetings aze not allowed. We have been advised by the League of Cities, after they consulted with the Secretary of State's office,that it is cleaz we should not meet on February 4, and that it would also be prudent to reschedule any meetings on March 4. There may be a change in the statute proposed during the next session,but it would not come in time for this yeaz's meeting. • We will ask the Planning Commission to also reschedule their March 4 meeting,when they meet on February 5. Recommendation: [recommend that the Council reschedule the March 4 meeting with the Planning Commission to Wednesday, March 5. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt,Administrator (march meeting) Page 1 of 1 O1/11/OS