Loading...
RESO 25-001 - Adopting Employee HandbookRESOLUTION NO. 25-001 A RESOLUTION ADOPTING THE EMPLOYEE HANDBOOK WHEREAS, the City of Golden Valley is committed to fostering a professional, equitable, and productive workplace by providing employees with clear policies, procedures, and expectations; and WHEREAS, an employee handbook promotes transparency and trust, mitigates risks, and ensures fairness in the treatment of employees; and WHEREAS, periodic review and updates to the handbook ensure compliance with evolving state and federal laws, industry standards, and organizational needs while supporting a positive organizational culture; and WHEREAS, the current employee handbook was approved by Resolution No. 24-005 on January 2, 2024; and WHEREAS, the City amended the employee handbook with City employee values and purpose, general administrative changes, and updated policy language to the following sections:  Recruitment and Selection: Veteran’s Preference  Respectful Workplace: Accommodations Section: Animals in the Workplace  Workplace Rules: Animals in the Workplace and Children in the Workplace  Compensation: Job Classification Process WHEREAS, the above-referenced amendments will become effective as of January 8, 2025. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the Employee Handbook, hereto referred to as Exhibit A, is adopted in its entirety, and the revised handbook policies supersede all previously adopted handbook policies and procedures, except those contained in approved union contracts. Adopted by the City Council of the City of Golden Valley, Minnesota this 7th day of January, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk Docusign Envelope ID: D4CF667F-4A2E-4D82-81B3-0CF2030FBD23 Employee HANDBOOK A guide to the personnel policies of the City of Golden Valley This handbook, dated January 3, 2024, supersedes and replaces all prior versions. TABLE of CONTENTS 2 CITY OF GOLDEN VALLEY Section 1.0 Introduction Scope ......................................................................................................................................................................................... 9 Data Privacy And Personnel Records ............................................................................................................................. 9 Section 2.0 Respectful Workplace Equal Employment Opportunity (EEO) Policy Statement.................................................................................... 12 Accommodations For Disabilities ................................................................................................................................. 12 Accommodations For Pregnancy And Nursing Mothers...................................................................................... 12 Accommodations For Religious Practice ..................................................................................................................... 12 Respectful Workplace Policy .......................................................................................................................................... 12 Reporting Violations Of This Policy .............................................................................................................................. 15 No Retaliation. ..................................................................................................................................................................... 16 Section 3.0 Recruitment And Selection Recruitment .......................................................................................................................................................................... 18 Selection. ............................................................................................................................................................................... 19 Pre-Employment Screening ........................................................................................................................................... 19 Probationary Period .......................................................................................................................................................... 19 Employment of Relatives ................................................................................................................................................. 20 Section 4.0 Tobacco, Drug, And Alcohol Policy Smoking And Tobacco Use .............................................................................................................................................. 22 Drug And Alcohol Use ....................................................................................................................................................... 22 City’s Employee Assistance Program. ............................................................................................................................ 22 TABLE of CONTENTS employee HANDBOOK 3 Drug And Alcohol Testing For Employees Not Licensed By The DOT ............................................................ 22 Rights Of Refusal ................................................................................................................................................................ 24 Cost Of Required Testing ................................................................................................................................................. 24 Right To Provide Information After Receiving Test Results ................................................................................. 24 Right To Confirmatory Retest ........................................................................................................................................ 24 Drug And Alcohol Testing Policy For DOT Licensees ............................................................................................ 25 Prohibited Conduct ............................................................................................................................................................ 25 Pre-Employment Testing ................................................................................................................................................. 26 Post-Accident Testing ....................................................................................................................................................... 26 Post-Accident Controlled Substance Testing ........................................................................................................... 27 Random Testing .................................................................................................................................................................. 27 Reasonable Suspicion. ...................................................................................................................................................... 27 Refusal To Submit .............................................................................................................................................................. 28 Cost of Required Testing ................................................................................................................................................ 28 Right To Confirmatory Retest/Dilute Specimens ................................................................................................... 28 Consequences For Engaging In Prohibited Conduct ........................................................................................... 28 Section 5.0 Workplace Rules Children in the Workplace .............................................................................................................................................. 32 Animals in the Workplace ................................................................................................................................................ 32 Appearance And Dress ..................................................................................................................................................... 32 Attendance And Absences ............................................................................................................................................. 33 Citywide Email Policy ....................................................................................................................................................... 33 External Communications ................................................................................................................................................ 33 Technology Use ................................................................................................................................................................... 34 TABLE of CONTENTS 4 CITY OF GOLDEN VALLEY Use Of City Property .................................................................................................................................................................... 36 Use Of Mobile Devices ................................................................................................................................................................ 36 Use Of City Vehicle ....................................................................................................................................................................... 37 Section 6.0 Code Of Conduct Confidential Information. ................................................................................................................................................. 39 Conflict Of Interest ............................................................................................................................................................. 39 Employee-To-Employee Solicitation. ........................................................................................................................... 40 Political Activity ................................................................................................................................................................... 40 Public Funds ......................................................................................................................................................................... 40 Solicitation Or Receipt Of Gifts .....................................................................................................................................40 Whistleblower Protections .............................................................................................................................................. 40 Section 7.0 Hours Of Work And Time Tracking Core Work Hours ............................................................................................................................................................... 43 Time Tracking Procedures ............................................................................................................................................... 43 Breaks And Meals ............................................................................................................................................................... 44 Travel Time ........................................................................................................................................................................... 44 Meeting Attendance, Standby Duty, And Emergency Call-Out ........................................................................ 45 Flexible Work Arrangement Policy .............................................................................................................................. 45 Severe Weather ................................................................................................................................................................... 48 Section 8.0 Compensation Job Classification And Pay Plan. ................................................................................................................................... 50 Compensation, Overtime, And Compensatory Time ............................................................................................. 50 Payroll Policies And Procedures .................................................................................................................................... 51 TABLE of CONTENTS employee HANDBOOK 5 Section 9.0 Employee Performance Management And Discipline Suspension. ........................................................................................................................................................................... 54 Demotion Or Transfer ....................................................................................................................................................... 54 Termination Of Employment .......................................................................................................................................... 54 Grievance Procedure ......................................................................................................................................................... 54 Section 10.0 Benefits Cafeteria Plan. ...................................................................................................................................................................... 57 Benefit Eligibility ................................................................................................................................................................. 57 Tuition Reimbursement ................................................................................................................................................... 57 Miscellaneous ......................................................................................................................................................................58 Section 11.0 Employee Travel Conferences And Seminars ............................................................................................................................................ 60 Travel Expenses .................................................................................................................................................................. 60 Reimbursement Process ................................................................................................................................................. 61 Section 12.0 Expenses Equipment And Uniforms ................................................................................................................................................ 63 City Expenses ....................................................................................................................................................................... 63 Section 13.0 Holidays Scheduled Holidays........................................................................................................................................................... 65 Floating Holidays ............................................................................................................................................................... 65 TABLE of CONTENTS 6 CITY OF GOLDEN VALLEY Holiday Pay Eligibility ....................................................................................................................................................... 65 Section 14.0 Time Away From Work Sick Leave And Vacation Leave For Employees Hired Before Jan 1, 2009 .................................................... 67 Paid Time Of f For Employees Hired On Or After Jan 1, 2009 ........................................................................... 69 Earned Sick And Safe Time (ESST) Leave ...................................................................................................................71 Leave Donation ................................................................................................................................................................... 74 Family Medical Leave ......................................................................................................................................................... 74 Pregnancy And Parenting Leave ................................................................................................................................... 77 Jury And Witness Duty ...................................................................................................................................................... 78 Funeral Leave ....................................................................................................................................................................... 78 Military-Related Leave ...................................................................................................................................................... 78 Other Leaves ......................................................................................................................................................................... 79 Other Unpaid Leave ........................................................................................................................................................... 80 TABLE of CONTENTS employee HANDBOOK 7 Section 15.0 Safety Reporting Accidents And Illnesses ............................................................................................................................... 82 Compensation And Insurance Continuation ............................................................................................................. 82 Return To Work ................................................................................................................................................................... 83 Workplace Violence ........................................................................................................................................................... 83 Possession Of Weapons ................................................................................................................................................... 83 Reporting Workplace Violence ...................................................................................................................................... 84 Workplace Emergency Situations ................................................................................................................................. 84 Section 16.0 Separation Benefits After Termination Of Employment ............................................................................................................... 86 Paying Out Vacation Time And/Or PTO At Termination Of Employment ...................................................... 86 Discharge ............................................................................................................................................................................... 86 Resignation ........................................................................................................................................................................... 87 Retirement ............................................................................................................................................................................. 87 Layoff ....................................................................................................................................................................................... 87 References ............................................................................................................................................................................. 87 Section 17.0 Definitions 8 CITY OF GOLDEN VALLEY SECTION 1.0 introduction Scope ............................................................................................................................................................................................. 9 Data Privacy And Personnel Records ................................................................................................................................ 9 employee HANDBOOK 9 Introduction This handbook is a guide to the policies and procedures that affect City employees. The purpose of these policies is to establish a uniform and equitable system of personnel administration. Please take time to read and become familiar with the information this handbook contains and keep it in a convenient place for reference when questions arise. This version of the handbook supersedes and replaces all prior versions. The City reserves the right, in its sole discretion, to change or terminate any provision of this handbook or to add new provisions at any time without prior notification. This handbook does not contain all of the information employees will need during the course of employment. The City will provide information verbally and through various notices, and when there is a change in policy, will notify employees of updates to this handbook. Additionally, departments may have special work rules deemed necessary by the Department Head and approved by the City Manager for the achievement of that department’s objectives. The department will give each employee a copy of such work rules upon hiring, and the immediate supervisor will further explain those rules and discuss their enforcement with the employee. It is impossible for this handbook to address every situation that may arise in the workplace. Employees of the City of Golden Valley are expected to exercise reasonable and proper judgment in all aspects of their employment. Employees should direct any questions about the handbook to Human Resources or their supervisor. At-Will Employment: Neither this handbook nor any of the City’s policies are intended to be a contract between the City and its employees. The policies in this handbook may not be construed as contractual provisions. 10 CITY OF GOLDEN VALLEY Employment is considered at-will, which means the employee or the City may choose to terminate the employment relationship at any time for any reason, subject to limitations imposed by law. Scope These policies apply to all employees of the City of Golden Valley. Except where specifically noted, these policies do not apply to: • elected officials • members of boards, commissions, and committees • consultants and contractors • volunteers Union Employees: With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreement pursuant to the Public Employment Labor Relations Act supersede these policies on any subject area covered by both the collective bargaining agreement and these policies. Union employees should always refer to their collective bargaining agreement (CBA). Union employees who have questions about any conflicts between this handbook and their collective bargaining agreement should contact Human Resources or their union representative. Furthermore, nothing in these policies is intended to conflict with any applicable provision of local, state, or federal law. If such a conflict arises, the City will abide by all local, state, and federal laws. Data Privacy And Employee Personnel Records The Minnesota Government Data Practices Act requires cities to release certain information to the public about current and former employees upon request. Some of the public information about an employee includes name, education and training, title and job description, dates of Introductio n 10 CITY OF GOLDEN VALLEY employment, honors and awards, work location, and work phone number. This law is subject to change, and any requests for information about employees should be directed to Human Resources. During the course of City employment, an employee will likely receive a request from the public to provide information that state law classifies as either private or confidential. The City maintains employee personnel data and information to administer employee benefits and payroll, to complete required federal and state reports, and to record employee work performance. Laws regarding data privacy are strictly followed. Data is kept in individual employee files, payroll files, and computer files. These files are the property of the City. 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. Files of employees who have separated from their employment with the City of Golden Valley are maintained in accordance with Minnesota records retention guidelines. Personnel Records Employees have the right to review their own personnel files during the City’s regular business hours. Employees must make a written request for such a review and may review their files once every six months during their employment and once per year after their separation from employment (for as long as the City maintains the personnel record). Current employees may request copies of their personnel file after reviewing the file; former employees may simply request a copy without prior review. The City will not charge employees for the cost of copies made pursuant to a valid request for review. If employees dispute information in their personnel file, and the City does not agree to revise or remove that information, the employee may submit a letter specifically identifying the disputed information and explaining the employee’s position with respect to the disputed information. The City will include employee statements with their personnel files. The City will not retaliate against employees who exercise their rights under this policy. employee HANDBOOK 11 SECTION 2.0 respectful workplace Equal Employment Opportunity (EEO) Policy Statement ......................................................................................... 12 Accommodations For Disabilities ..................................................................................................................................... 12 Accommodations For Pregnancy And Nursing Mothers ......................................................................................... 12 Accommodations For Religious Practice ........................................................................................................................ 12 Respectful Workplace Policy ............................................................................................................................................. 12 Reporting Violations Of This Policy ................................................................................................................................ 15 No Retaliation ......................................................................................................................................................................... 16 Respectful Workplace 12 CITY OF GOLDEN VALLEY Equal Employment Opportunity (EEO) Policy Statement The City is committed to providing equal employment opportunity to all persons, in all areas of employment, including but not limited to recruitment, hiring, placement, promotion, demotion or transfer, layoff, recall, termination, rates of pay or other forms of compensation, or selection for training. All employment policies and practices will be nondiscriminatory in compliance with federal, state, and local laws. The City will not discriminate against any employee or job applicant on the basis of race, traits associated with race (including, but not limited to, hair texture and hair styles such as braids, locs, and twists), color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity or 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. Accommodations For Disabilities The City will make reasonable accommodation for a qualified individual with a disability who requires such accommodation to perform the essential functions of his or her job. Employees who believe they are qualified individuals with a disability and need accommodations should contact Human Resources. The City will then engage in an interactive process to better understand each employee’s needs in the context of the position and to determine what reasonable accommodations, including alternative duties, that may be made to address the disability. As part of that interactive process, the City may ask for information from a medical provider about the nature of the disability and the accommodations necessary to allow employees to perform the essential functions Respectful Workplace employee HANDBOOK 13 of their positions. Employees who do not meet the qualifications under the Americans with Disabilities Act may be eligible for alternative duties under the Alternative Duty Policy. Additionally, as an exception to Section 5.0 (Workplace Rules), regarding no animals in the workplace, qualified individuals with a disability have the right to request a reasonable accommodation to bring service animals or emotional support animal (ESA) to the workplace. A service animal is defined by the federal Americans with Disabilities Act (ADA) as a dog that is individually trained to do work or perform tasks for people with disabilities. Emotional Support Animals whose sole purpose is to provide comfort or emotional support do not qualify as service animals under the ADA. Accommodation requests for both service animals and ESA will be considered. For an employee to bring a service animal or emotional support animal to the workplace, the employee must submit a request for reasonable accommodation. When assessing an employee’s reasonable accommodation request to bring a service animal or ESA to the workplace, the City may collect the same information it collects when determining whether to grant any other type of accommodation request. If another accommodation would enable an employee to perform their job, then the City may offer alternative accommodation to the use of a service animal or ESA. If the request causes an undue hardship in the workplace, the City may deny the request. See Section 5.0 for more information on workplace rules regarding animals/pets to the workplace. Accommodations For Pregnancy And Nursing Mothers For employees with health conditions relating to pregnancy or childbirth, the City will provide reasonable workplace accommodations, such as but not limited to: • more frequent unpaid restroom, food, and water breaks • seating • limits on lifting more than 20 lbs • temporary transfer to a less strenuous or hazardous position, should one be available Additionally, the City will provide nursing mothers with paid break time and a suitable room to express milk for nursing the child. Contact Human Resources for more information. An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting reasonable accommodations pregnancy rights or remedies. A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment. Accommodations For Religious Practice The City values the diversity of its employees and recognizes that employees may need accommodation to observe the practices of their religious tradition. Employees who require accommodation of their schedule or other aspects of their job for religious reasons should talk to Human Resources. The City will work with employees to determine reasonable ways to accommodate those practices. Respectful Workplace Policy The City is committed to maintaining a working environment that is free of offensive Respectful Workplace 14 CITY OF GOLDEN VALLEY behavior and unlawful discrimination. The City embraces diversity and recognizes the rights of individuals to live their lives with dignity, free of discrimination, fear, violence, and hate. This policy is intended to inform all employees, volunteers, members of boards and commissions, and elected officials of their rights and obligations related to offensive behaviors, including harassment, discrimination, and retaliation. All complaints of offensive behaviors will be taken seriously and followed through to resolution, and employees who file complaints will not be victimized for “whistleblowing” or reporting others for inappropriate behavior. Scope This respectful workplace policy applies to all employees, volunteers, and elected and appointed officials of the City. Protection from offensive behavior extends to management, employees, subordinates, clients, and customers, and it expands beyond the place of work to off-site and work-related social events. It is the responsibility of all employees and managers of the City to provide a healthy workplace environment to peers and co-workers, where all communication and interactions are marked by dignity and respect. Offensive Behavior Prohibited Offensive behavior has damaging consequences for the recipients of the behavior as well as observers and the organization as a whole. Discrimination and harassment on the basis of an individual’s membership in a protected class or otherwise is prohibited and will not be tolerated. Employees and elected and appointed officials of the City are prohibited from engaging in any offensive behavior. Any employee or official who engages in offensive behavior is subject to consequences, up to and including termination. Expectations The City respects and values the diverse identities and life experiences each employee holds and will ensure well-being of employees Respectful Workplace employee HANDBOOK 15 and the stakeholders the City interacts with through its employees and officials. As such, employees are expected to: • treat employees, volunteers, and stakeholders with respect and ensure all voices are being heard • challenge internal assumptions and investigate internal bias that could interfere with inclusive and equitable engagement and behavior • speak up when inequity in City policies, systems, programs, or services occur Acceptable And Healthy Workplace Behaviors Defined Acceptable and healthy workplace behaviors are any behaviors that promote respect, positivity, and civility in our workplace in alignment with the City Council’s values (communication, innovation, inclusion, community, integrity, respect, courage, accountability) and City values . They include, but are not limited to: • using respectful, supportive, and encouraging language in all interactions, no matter the subject of conversation • questioning a peer’s position on an issue politely rather than asserting your position is the right one • listening to your peer’s position with an open mind and approaching conflict with maturity and true desire for resolution, rather than as a fight or opportunity to belittle a co-worker • giving peers direct, non-personal feedback as opposed to criticism • respecting each other as adults and trusting each other’s decision-making abilities, expressing appreciation when a peer does something correctly and in a timely manner Offensive Behavior Defined Offensive behavior means behavior that causes or is likely to cause harassment, alarm, or Respectful Workplace 16 CITY OF GOLDEN VALLEY distress to one or more other persons. Offensive behavior includes but is not limited to violence, intimidation, objectionable or threatening conduct, statements, epithets, slurs, graffiti, jokes, pranks, innuendos, anonymous notes, or any other conduct that is critical, hostile, offensive, or in any way otherwise objectionable. Offensive behavior also includes illegal, immoral, or unethical conduct and negative or aggressive acts aimed at one or more individual and causing them to feel hurt, embarrassed, incompetent, disrespected, anxious, or depressed, whether or not the behavior is because of an individual’s membership in a protected class. Examples of offensive behavior include, but are not limited to: • use of threatening or abusive language or profanity • conduct or language that is intended to be, or is perceived by others to be, demeaning, berating, rude, threatening, intimidating, hostile, or offensive • engaging in bullying, collusion, or hazing • microaggressions • making threats of violence, retribution, litigation, or financial harm • shouting or engaging in other speech, conduct, or mannerisms that are reasonably perceived by others to be intimidating or harassing • using racial or ethnic slurs • demonstrating racial, gender, sexual orientation, or cultural bias • making or telling denigrating jokes that are intended to be, or that are perceived by others to be, crude or offensive; teasing, name calling • ridiculing or making someone the brunt of pranks or practical jokes • using epithets, slurs, or negative stereotyping • distributing or displaying electronic or written materials or messages that are Respectful Workplace employee HANDBOOK 17 abusive, profane, threatening, or defamatory (“offensive material”) • placing offensive material on walls or elsewhere on City premises, or circulating offensive material in the workplace • using sarcasm or cynicism directed as a personal attack on others • making unwanted or threatened inappropriate physical contact • throwing tools, office equipment, or objects as an expression of anger, criticism, or threat, or in an otherwise disrespectful or abusive manner • making comments, starting or spreading rumors, or engaging in behavior that is untruthful or directed as a personal attack on the professional conduct of others • retaliation • filing a false or malicious claim against another individual • engaging in any pattern of disruptive behavior or interaction that could interfere with the workplace or adversely impact the quality of services, programs, or the psychological health of another • conditioning employment terms on submission to harassing conduct • harassment in any form • discriminatory behavior, which includes inappropriate remarks about or conduct related to an employee’s race, color, creed, religion, national origin, disability, sex, marital status, age, sexual orientation, gender identity, status with regard to public assistance, Veteran’s status, or any other reason protected by local, state, or federal law, ordinance or regulation • sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where: • submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of any individual’s Respectful Workplace 18 CITY OF GOLDEN VALLEY employment or as a basis for employment decisions • such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment: • unwanted sexual advances, whether they involve physical touching or not • sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comments about an individual’s body, or comments about an individual’s sexual activity • displaying sexually suggestive objects or images • unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or insulting comments • inquiries into one’s sexual experiences • discussion of one’s sexual activities Management Responsibility Management, others in positions of authority, and workplace representatives have a particular responsibility to ensure healthy and appropriate behaviors are being exhibited at all times and that complaints to the contrary are addressed speedily. Management will: • provide good examples by treating all with courtesy and respect • promote awareness of this policy and how to follow the policy • be vigilant for signs of inappropriate behaviors at work through observation and information seeking, and take action to resolve the behavior before it escalates • deal sensitively with employees involved in a complaint, whether as complainant or Respectful Workplace employee HANDBOOK 19 alleged aggressor • explain the procedures to be followed if a complaint of inappropriate behavior at work is made • ensure that an employee making a complaint is not victimized for doing so, and seek resolution of such behavior if it occurs • monitor and follow up on the situation after a complaint is made so as to prevent recurrence of the behavior • inform Human Resources pursuant to the investigation process in this policy Employee Responsibility Employees can contribute to achieving a work environment that does not tolerate aggressive behavior at work. Employees should report what they see in the workplace as it relates to behaviors defined as unacceptable; employees are in a far better position than management to know what is happening with peers and co-workers. Employees should also co- operate with preventative measures introduced by management and recognize that a finding of unacceptable behaviors at work will be dealt with through appropriate disciplinary procedures. An employee making a false or malicious complaint not in good faith may also be subject to disciplinary action. Training Programs As part of its commitment to encouraging positive and healthy behaviors, the City offers training opportunities for all employees. Training includes, but is not limited to, factors that contribute to a welcoming environment, microaggressive and offensive behavior, and responsibilities under this policy. Reporting Violations Of This Policy Employees who have observed or believe others are being subjected to any form of offensive behavior, discrimination, retaliation, or any other violation of this policy by another employee of the City or by a non-employee, should immediately report such conduct to Human Respectful Workplace 20 CITY OF GOLDEN VALLEY Resources or their immediate supervisor. The employee should submit this report in writing with sufficient detail for Human Resources to determine whether a policy was violated. Any supervisor who experiences, witnesses, or receives a written or oral complaint of violation of this policy must immediately report it to Human Resources. Reports of violations of this policy will be promptly and carefully investigated. The Human Resources Manager may involve the City’s legal counsel in the investigation. If the City determines an individual violated this policy, the City may take disciplinary action, up to and including termination of employment, against the offending individual. The City will treat complaints of violations of this policy and the results of any investigation as confidential to the extent possible within the context of the investigation and Minnesota law. Complete confidentiality cannot be guaranteed, as revelation of some reported information might be necessary for a complete investigation. Elected Officials If a Council member is the alleged harasser, the report will be made to the City Manager and referred to an outside attorney who will undertake the necessary investigation. The outside attorney will report findings to the City Council, which will take the action it deems appropriate. Pending completion of the investigation, the City Manager may take appropriate action to protect the alleged victim, other employees, or citizens. If an elected or appointed city official (e.g., Council member or commission member) is the victim of disrespectful workplace behavior, the City Manager will be consulted as to the appropriate course of action. Disclaimer The City is not voluntarily engaging in a dispute resolution process, as that term is defined in state statute, by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation by the City 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 Minnesota Department of Human Rights. No Retaliation The City will not retaliate against any employee for making a good-faith complaint of harassment or discrimination under this policy or participating in an investigation of a complaint made under this policy. Employees who feel they have been retaliated against for reporting a violation of this policy in good faith, or for participating in an investigation of conduct under this policy, should immediately report their concern to Human Resources or their supervisor. employee HANDBOOK 17 SECTION 3.0 recruitment and selection Recruitment ............................................................................................................................................................................. 18 Selection ................................................................................................................................................................................... 19 Pre-Employment Screening ............................................................................................................................................... 19 Probationary Period ............................................................................................................................................................. 19 Employment of Relatives .................................................................................................................................................... 20 18 CITY OF GOLDEN VALLEY Recruitment And Selection Recruitment Human Resources oversees recruitment and selection processes to ensure fair, equitable, and inclusive practices and compliance with state and federal laws, as well as City of Golden Valley policies. This includes job postings, advertisements, addendums to the application, and other recruitment materials. Job Postings Job postings will normally specify the title and salary of the positions, the nature of the work to be performed, the minimum and essential requirements of the position, the time and place to apply, the closing date for receiving applications, and other pertinent information. All postings will include the statement “Equal Opportunity Employer” or a similar statement that conveys the City’s commitment to equal employment opportunity. When the City of Golden Valley recruits a position externally, the position will be advertised as deemed necessary, which may include selected newspapers, periodicals, newsletters, web pages, and/or through direct mailings. In addition, the City may post job openings with colleges, universities, vocational or technical schools, and organizations whose membership includes people with disabilities, minorities, and women in an effort to recruit a broader range of diverse and qualified applicants. Applications Applications for employment will be generally made online, or by an application form provided by the City. Other materials in lieu of a form application may be accepted in certain recruitment situations. To be considered for any position, all candidates must complete required application materials with signatures and ensure they are submitted by the application deadline. The application deadline may be extended by Human Resources. Testing and Examinations Applicants may be evaluated in one or more of the following ways: training and experience rating, written test, oral test or interview, employee HANDBOOK 19 performance or demonstrative test, physical agility test, or other appropriate job-related exam, as noted on the job posting and/or the job description. Interim Or Acting Appointments Position vacancies may be filled on an “acting” basis as needed before filling a position through the normal process. The City Manager will approve all acting appointments for regular positions. If a current employee is appointed to an acting position and is later hired to fill the regular appointment, with no break in service in the new position, the effective date of the regular appointment will be considered the date on which the acting appointment was made. Pay rate adjustment for acting appointments will be determined by the City Manager. Promotions The City encourages promotion from within existing employee ranks whenever possible. Promotional opportunities may be offered on a competitive basis, or the City Manager may select an internal candidate. This does not preclude the City from recruitment and/ or selection of applicants outside the City of Golden Valley. This policy is not a waiver of job- related qualifications for the position, nor is it a guarantee of promotion or preference to existing employees. The City has the right to make the final hiring decision based on qualifications, abilities, experience, and other needs of the City of Golden Valley. Reinstatement Employees who have left City service in good standing are eligible for reinstatement. Under special circumstances, the City Manager may give credit for previous years of service to the City, for benefit accrual purposes. Veteran’s Preference In the hiring process, the Minnesota Veterans Preference Act provides a preference for qualified veterans to recognize training and experience in the military services of the government and 20 CITY OF GOLDEN VALLEY Recruitment And Selection Recruitment And Selection loyalty and sacrifice for the government are qualifications of merit that cannot be readily assessed by examination. Preference points are given to qualified veterans who meet the minimum qualifications for the job to increase the likelihood they will receive a job interview. For open, competitive positions, the City is required to evaluate job applications and assign veterans’ preference points by using a training and experience rating. When the recruitment process results in no applications from qualified veterans, the City is not required to use the training and experience rating to evaluate application materials. Dishonesty in Hiring Process Any applicant who gives false or misleading information on an application, cheats on an examination, or falsifies a statement, certificate, or evaluation will not be considered for employment. Fraud or attempts to commit fraud will be cause for the City to refuse to hire an applicant or terminate an employee. Selection The City has the right to make the final hiring decision based on qualifications, abilities, experience, results of testing, interviews, exams, reference and/or background check data, and City of Golden Valley needs. The City has an appeal process in accordance with State Statute and City Code for disqualified applicants for employment. Reference Checks The City reserves the right to conduct reference checks for all employees before making a job offer. This may include inquiries into all statements contained on the application for employment or made during the selection and/ or interview processes. Pre-Employment Screening Background Checks All finalists for employment with the City will be subject to a background check to confirm employee HANDBOOK 21 information submitted as part of application materials and to assist in determining the candidate’s suitability for the position. The City’s criminal background check may include a State of Minnesota and/or Hennepin County criminal history check, a check for warrants for arrest, and driver’s license check to ensure valid driver’s license and status of driving record. Credit Checks Certain positions, such as in finance, public safety, or positions that handle cash, may require procurement of a consumer credit report as part of the background check. In these cases, the City will obtain the necessary authorizations and otherwise comply with federal and state law regarding credit checks. Pre-Employment Physicals/Testing Due to the nature of City employment, certain positions within the City may require candidates to undergo a pre- employment physical and/ or psychological testing, which may include testing for drugs and/or alcohol. Job notices will generally include notice of this requirement to inform candidates before they apply. Protocols for pre- employment testing of specific jobs are available from Human Resources. Physicals or psychological exams will only be conducted after a conditional offer of employment has been extended. If something in the applicant’s physical and/or psychological exam makes them ineligible for employment, the City will withdraw the job offer at that time. When required, the medical exam will be conducted by a licensed physician designated by the City, with the cost of the exam paid for by the City. The physician will notify the City that the candidate either is or is not medically able to perform the essential functions of the job, with or without accommodations, and whether the candidate passed a drug test (if applicable). Probationary Period The City of Golden Valley requires all regular employees to serve a probationary period of employment. This includes new employees Recruitment And Selection 20 CITY OF GOLDEN VALLEY and anyone who is promoted, transferred, or demoted. During this time employees have the opportunity to show their ability to meet the standards of work performance while they get to know the job and co- workers. Performance is evaluated throughout the probationary period. As is true throughout the employment relationship, employees are at-will employees during their probationary period, which means that they may be transferred, demoted to another position, or dismissed without cause at any time and without advance notice. The probationary period is not guaranteed employment. All new regular employees and employees promoted to a position of greater responsibility will serve a one-year probationary period. Employees who transfer to an equivalent position within a different department, or employees demoted to a lesser position, voluntary or otherwise, will serve a six-month probationary period. Probation for an individual employee may be extended up to six additional months by the City Manager upon recommendation of the department head. In accordance with Minnesota law, after serving an initial probationary period for the City, employees who are Veterans will not be subject to additional probationary periods such as for promotion or a new assignment. Employment of Relatives For the purposes of this policy only, “relative” is defined as a spouse, sibling, parent, grandparent, child or grandchild and includes relatives by marriage (e.g., sister-in-law or stepson). Due to the City’s legitimate concerns regarding conflicts of interest and nepotism, the City will not consider an internal or external applicant for employment if: • the applicant is a relative of a current elected official or a confidential employee as defined by State law • the applicant’s relative is a current employee of the City and has the authority to hire, supervise, evaluate the performance of, or discipline the position in which the person is seeking employment, or if the relative’s position is classified as confidential This policy will not apply to relatives of elected officials or board or commission members who are elected after the employee has been hired by the City. employee HANDBOOK 21 SECTION 4.0 tobacco, drug, and alcohol policy Smoking And Tobacco Use ................................................................................................................................................ 22 Drug And Alcohol Use ......................................................................................................................................................... 22 City’s Employee Assistance Program .............................................................................................................................. 22 Drug And Alcohol Testing For Employees Not Licensed By The DOT ................................................................ 22 Drug And Alcohol Testing Policy For DOT Licensees ................................................................................................ 25 Right To Confirmatory Retest/Dilute Specimens ....................................................................................................... 28 Tobacco, Drug, And Alcohol Policy 22 CITY OF GOLDEN VALLEY Smoking And Tobacco Use All City buildings and vehicles, in their entirety, are tobacco-free, meaning that smoking in any form (including tobacco products such as pipes, cigars, and cigarettes) or vaping with e- cigarettes is prohibited. Tobacco-free areas include City facilities, parks, and vehicles. The City prohibits smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the use of chewing tobacco while employees are on duty. Employees who are age 21 and older may smoke only during their breaks and lunch and only in areas designated for that purpose. Drug And Alcohol Use Under this policy, “Illegal Drugs” is defined to include all controlled substances and all prescription and over-the-counter substances and medications that are used for a purpose for which they are not prescribed or intended. The City of Golden Valley has adopted the following policy on drugs and alcohol in the workplace: • No employee may use, possess, manufacture, distribute, dispense, sell, transfer, or be impaired by Illegal Drugs or alcohol while the employee is working, while the employee is on call to return to work, or while the employee is on the City’s premises or operating City vehicles, machinery, or equipment, except when engaged in approved law enforcement activity. • An employee must notify the City in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five days after such conviction. This policy does not restrict employees’ use of lawful consumable products during nonworking hours, nor the proper use of medications prescribed under supervision of a medical provider. Tobacco, Drug, And Alcohol Policy employee HANDBOOK 23 Medical Cannabis No employee may use, possess, manufacture, distribute, dispense, sell, transfer, or be impaired by medical cannabis while the employee is working, while the employee is on call to return to work, or while the employee is on the City’s premises or operating City vehicles. There is no exception for employees who are registered patients with valid prescriptions as authorized by state law. Employees legally using medical cannabis under state law are still subject to the City’s drug and alcohol testing policy. Employees in safety- sensitive positions (such as operating machinery or vehicles) are prohibited from being under the influence of medical cannabis during work time or while on work premises. Employees who violate this policy will be subject to disciplinary action, up to and including termination, to the extent allowed by state law. City’s Employee Assistance Program The City has a formal employee assistance program (EAP) to help employees address serious personal or work-related problems at any time. The City’s EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have alcohol or other chemical dependency issues are encouraged to seek assistance before a problem affects their employment status. Drug And Alcohol Testing For Employees Not Licensed By The DOT City employees and applicants required to hold a commercial driver’s license by the United States Department of Transportation (DOT) for their job will be tested under the City’s Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the DOT Policy). All other employees and job applicants offered employment with the City must undergo testing as described by this policy. Tobacco, Drug, And Alcohol Policy 24 CITY OF GOLDEN VALLEY Under this policy, the City may test applicants to whom an offer of employment has been made and may test any employee if reasonable suspicion exists to do so or if the employee is referred by the City for chemical dependency evaluation or treatment. Pre-Employment Testing All regular (full-time and part-time) and paid on-call firefighter job applicants offered employment with the City receive the job offer dependent upon successful completion of a drug test, among other conditions. If the job offer is withdrawn based on drug test results, the City will inform the applicant of the reasons for the withdrawal. Refusing to take or failing the drug and alcohol test will result in a withdrawal of the offer of employment, even if the applicant’s employment has begun. Temporary and seasonal employees are not subject to drug and alcohol testing, except those in safety-sensitive positions. Employees who left City employment and were subsequently rehired must undergo drug and alcohol testing if it has been at least one year from the date of their last drug screen as a City employee. Reasonable Suspicion Testing The City may require an employee to undergo drug and alcohol testing if there is a reasonable suspicion the employee: • is under the influence of alcohol or a controlled substance • has violated this policy by using, possessing, selling, or transferring drugs or alcohol while working, while on City property, or while operating City vehicles, machinery or any other type of equipment • has sustained a personal injury or has caused another employee to sustain an injury or • has caused a work-related accident or was operating or helping to operate machinery, Tobacco, Drug, And Alcohol Policy employee HANDBOOK 25 equipment, or vehicles involved in a work- related accident Reasonable suspicion may be based on, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the City’s policies concerning alcohol or drugs may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. However, the City may temporarily suspend a tested employee with or without pay, or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest, provided the City believes it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. The employee will be asked to return home and will be provided appropriate arrangements for return transportation to his or her residence. An employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. A negative or positive dilute test result that is been confirmed following a second collection will also result in disciplinary action, up to and including termination. Treatment Program Testing The City may require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation, or Tobacco, Drug, And Alcohol Policy 26 CITY OF GOLDEN VALLEY is participating in a chemical dependency treatment program under an employee benefit plan. In such a case, the City may require the employee to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. Rights Of Refusal Employees and job applicants have the right to refuse to submit to an alcohol or drug test under this policy. However, such a refusal will subject an employee to immediate termination. If an applicant refuses to submit to testing, any conditional offer of employment will be withdrawn. Any intentional act or omission by the employee or applicant that prevents the completion of the testing process constitutes a refusal to test. An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter, a testing sample is considered to have refused to take a drug and/or alcohol test. In such a case, the employee is subject to immediate termination of employment, and in the case of an applicant, the job offer will be immediately withdrawn. Refusal On Religious Grounds An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol testing of a blood sample will not be considered to have refused testing, unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. Cost Of Required Testing The City will pay for the cost of all drug and alcohol testing required of all job applicants and employees, with the exception of confirmatory retests. Job applicants and employees are responsible for paying for all costs associated with any requested confirmatory retests. Tobacco, Drug, And Alcohol Policy employee HANDBOOK 27 Right To Provide Information After Receiving Test Results Within three working days after notice of a positive controlled substance or alcohol test result on a confirmatory test, the employee or job applicant may submit information to the City to explain the positive result. If an employee submits information either before a test or within three working days after a positive test result that explains the positive test result, (such as legal prescriptions or over-the-counter medications the employee is properly taking), the City will not take an adverse employment action based on that confidential medical information unless the employee failed his or her affirmative duty to provide the information before, upon, or after hire. Right To Confirmatory Retest A job applicant or employee may request a confirmatory retest of the original sample at the job applicant’s or employee’s own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the job applicant or employee must notify the City in writing of the job applicant’s or employee’s intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the City will notify the original testing laboratory that the job applicant or employee has requested a confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. For job applicants, if the confirmatory retest does not confirm the original positive test result, the City will reinstate its job offer and reimburse the job applicant for the actual cost of the confirmatory retest. For employees, if the confirmatory retest does not confirm the original positive test result, the City will not take any adverse personnel action against the employee based on the original confirmatory test, will reinstate the employee Tobacco, Drug, And Alcohol Policy 28 CITY OF GOLDEN VALLEY with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and will reimburse the employee for the actual cost of the confirmatory retest. The first time an employee has a confirmed positive test result, the employee must complete drug/alcohol counseling or a rehabilitation program chosen by the City and paid for by the employee or the employee’s benefits plan. If the employee refuses to enroll or fails to complete the counseling or rehabilitation program, the City may discipline the employee, up to and including termination. Employees who have two or more confirmed positive tests results are immediately subject to discipline, up to and including termination. Drug And Alcohol Testing Policy For DOT Licensees This policy implements the drug and alcohol testing requirements of the US Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA). This policy applies to every City employee (full-time, part-time, and temporary/seasonal, etc.) or applicant for employment (in the case of pre- employment drug testing) who holds a Commercial Driver’s License (CDL) and who drives a Commercial Motor Vehicle (CMV). All employees are subject to testing whose job duties include performing safety-sensitive duties on City vehicles that: • have a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s), with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater • have a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater • are designed to transport 16 or more passengers, including the driver Tobacco, Drug, And Alcohol Policy employee HANDBOOK 29 • are of any size and are used in the transportation of materials found to be hazardous and which require the motor vehicle to be placarded under the Hazardous Materials Regulations Fire trucks and other emergency fire equipment are not considered to be commercial vehicles under this policy. Safety Sensitive Functions Employees are engaged in a safety- sensitive function while they are: • waiting to be dispatched to drive a commercial motor vehicle • inspecting, servicing, or conditioning a commercial motor vehicle • driving at the controls of the commercial motor vehicle • in or upon a commercial motor vehicle (except time spent resting in a sleeper berth) • loading, unloading, or attending a commercial motor vehicle, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle • repairing, obtaining assistance, or attending to a disable commercial motor vehicle Prohibited Conduct The following conduct is explicitly prohibited: • No driver may report for duty or remain on duty requiring the performance of safety- sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home, and placed on vacation leave/PTO for hours missed from work. • No driver may use alcohol while performing safety-sensitive functions. Tobacco, Drug, And Alcohol Policy 30 CITY OF GOLDEN VALLEY • No driver required to take a post- accident alcohol test may use alcohol for eight hours following the accident, or until the driver undergoes a post- accident alcohol test, whichever occurs first. • No driver may perform safety-sensitive functions within four hours after using alcohol. Employees who have had alcohol within four hours are to notify their supervisors before performing any safety- sensitive functions. • No driver may alter or attempt to alter a urine sample or breath-test. • No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions when using any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver in writing that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle. Drivers must forward this information regarding therapeutic controlled substance use to the City immediately after receiving any such advice. • Having a medical marijuana card and/or cannabis prescription does not allow anyone to use or possess that drug in the City’s workplace. The federal government still classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the urine or blood of an employee who performs safety-sensitive duties for the City. Employees are still subject to being tested under City policies, as well as to being disciplined, suspended, or terminated after testing positive for cannabis while at work. Pre-Employment Testing Any initial job offer, reassignment, or promotion to a position covered by this policy shall be contingent upon the existing employee or applicant: • submitting to drug screening and receiving Tobacco, Drug, And Alcohol Policy employee HANDBOOK 31 a negative drug test report prior to appointment to the new position • authorizing the City to obtain past drug and alcohol test results and refusals to be tested from former employers within the preceding two years • passing a DOT-required physical exam • complying with any other conditions or requirements of which the City advises the employee or applicant at the time of the offer In addition to pre-employment controlled substance testing, applicants will be required to authorize in writing former employers to release alcohol test results of .04 or greater, positive controlled substance test results, refusals to test, other violations of drug and alcohol testing regulations, and completion of return- to-duty requirements within the preceding three years. The City will contact the candidate’s DOT regulated previous and current employers within the last three years for drug and alcohol test results as referenced above, and review the testing history if feasible before the employee first performs safety-sensitive functions for the City. The City will not make any job appointment before test results are known. Any applicable conditional offer of employment will be withdrawn from a job applicant or employee seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this policy. Post-Accident Testing As soon as possible following an accident involving a commercial motor vehicle, the City will test for alcohol and controlled substances in each surviving driver who was performing a safety sensitive function with respect to the vehicle if: • the accident involved loss of human life • the City driver (also referred to as employee) received a citation under state or local law for a moving traffic violation arising from the accident if the accident involved: Tobacco, Drug, And Alcohol Policy 32 CITY OF GOLDEN VALLEY • bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident • one or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle An employee involved in an accident that does not meet these requirements may wish to be tested on a voluntary basis. In this case, the test is considered a post-accident Non- DOT and the City will cover the expense of the test. Post-Accident Controlled Substance Testing Drivers are required to submit a urine sample for post-accident controlled substance testing as soon as possible. Post-Accident Alcohol Testing Drivers are required to submit to post-accident alcohol testing as soon as possible. After an accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two hours after the accident, the City will prepare and maintain on file a record stating why the test was not administered within that time. If eight hours have elapsed since the accident and the driver has not submitted to an alcohol test, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered. The City may accept the results of a blood or breath test in place of an alcohol test and urine test for the use of controlled substances if: • the tests are conducted by federal, state, or local officials having independent authority for the test • the tests conform to applicable federal, state, or local testing requirements • the test results can be obtained by the City Tobacco, Drug, And Alcohol Policy employee HANDBOOK 33 Whenever such a test is conducted by a law enforcement officer, the driver must contact the City and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. Random Testing Random drug/alcohol testing will be conducted in accordance with DOT-Federal Motor Carrier Safety Administration (FMCSA) drug testing regulations. If a driver is selected for a random test while he or she is absent, on leave, or away from work, that driver may be required to undergo the test when he or she returns to work. A driver who tests positive or refuses to submit to a test is medically unqualified to drive and/or perform any other safety-sensitive function. Reasonable Suspicion Reasonable suspicion may be based on, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the City’s policies concerning alcohol or drugs may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form within 24 hours of observation. Reasonable Suspicion Drug Testing Shall be administered as soon as possible after making a reasonable suspicion determination. Reasonable Suspicion Alcohol Testing This testing is authorized under this policy only if the observations are made just before performing, while performing, just after performing, or while in a state of readiness to perform safety sensitive functions that the driver is required to be in compliance. The employee will not be permitted back to the work site until Tobacco, Drug, And Alcohol Policy 34 CITY OF GOLDEN VALLEY the test results are known or until 24 hours have elapsed. The City shall not take any action against employees based solely on their behavior and appearance with respect to alcohol use, in the absence of an alcohol test (except that the employee may not be allowed to perform safety sensitive functions until 24 hours have elapsed). Refusal To Submit No applicant or driver may refuse to submit to pre-employment, post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substance testing. In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to and including termination. If an applicant refuses to submit to pre-employment controlled substance testing, any applicable conditional offer will be withdrawn. Cost Of Required Testing The City will pay for the cost of pre- employment, post-accident, random, and reasonable suspicion controlled substance and alcohol testing requested or required of all job applicants and employees. The driver must pay for the cost of all requested confirmatory re-tests, return-to- duty, and follow-up testing. Furthermore, the employee is responsible for cost of evaluation and rehabilitation (including services provided by the SAP), except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. Right To Confirmatory Retest/Dilute Specimens Within 72 hours after receiving notice of a positive controlled substance test result, an Tobacco, Drug, And Alcohol Policy employee HANDBOOK 35 applicant or driver may request a confirmatory retest of the driver’s split specimen. Action required by federal regulation as a result of a positive controlled substance test (eg, removal from safety-sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, the test will be canceled. If the City receives information that a driver has provided a dilute negative specimen, the City will direct a recollection under direct observation. Consequences For Engaging In Prohibited Conduct In evaluating and resolving problems associated with the misuse of alcohol and use of a controlled substance, the City will advise each driver who has engaged in conduct prohibited by federal law or has a positive alcohol or controlled substance test of the available resources, including the names, addresses, and telephone numbers of Substance Abuse Professionals (SAP) and counseling and treatment programs. The City will provide this SAP listing in writing at no cost to the driver. The City reserves the right to impose whatever discipline it deems appropriate in its sole discretion, up to and including termination, for a first occurrence against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers following a first positive confirmed controlled substance or alcohol test result. Return-To-Duty Testing Should the City consider reinstatement of a DOT covered driver, the driver must undergo a SAP evaluation and participate in any prescribed education/treatment, and successfully complete Tobacco, Drug, And Alcohol Policy 36 CITY OF GOLDEN VALLEY return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety- sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. The controlled substance test will be conducted under direct observation. Follow-Up Testing If the driver passes the return-to-duty test, the City will ensure the driver is subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency of such follow-up testing will be directed by the SAP and will consist of at least six tests in the first 12 months following the driver’s return to duty. Follow-up testing will not exceed 60 months from the date of the driver’s return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines such test is no longer necessary. The employee is responsible for paying for all costs associated with follow-up tests. Follow-up alcohol testing will be conducted only when the driver is performing safety- sensitive functions, or immediately before or after performing safety-sensitive functions. Signs And Symptoms The City has a vital interest in maintaining safe, healthful, and efficient working conditions for employees and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. Some of the most common physical, psychological, and behavioral signs and symptoms of drug or alcohol abuse are: • poor coordination • slurred speech • impaired thinking Tobacco, Drug, And Alcohol Policy employee HANDBOOK 37 • memory impairment • diverting energy from work, family, and social life in order to drink or use drugs • being secretive about the extent of the alcohol abuse in order to protect it • engaging in risky behavior, such as impaired driving • being in denial about the extent of the alcohol abuse problem • becoming distressed at the prospect of not having access to alcohol • symptoms of withdrawal such as shaking, anxiety, irritability, confusion, fever, and rapid heartbeat Employees who have concerns about themselves or another employee may seek assistance from their immediate supervisor or human resources. The City will provide resources and intervene when necessary to assist an employee experiencing alcohol or drug abuse problems. The Drug And Alcohol Clearinghouse The Drug and Alcohol Clearinghouse (Clearinghouse) is an electronic database required by federal law (49 C.F.R. § 382, subp. B) and maintained by the Federal Motor Carrier Administration. The Clearinghouse contains records of violations of drug and alcohol prohibitions. The database includes positive drug or alcohol test results, refusals, and other drug and alcohol violations for drivers. When a driver completes the return-to-duty process, this information is also be recorded in the Clearinghouse. The City will conduct a query on each driver with the Clearinghouse when the driver is hired and once annually. All drivers must provide consent for this query. Drivers who refuse to provide consent will not be permitted to perform safety-sensitive functions, and their refusal will be reported to the Clearinghouse. The City will notify drivers if the query reveals a drug or alcohol program violation. Additionally, drivers Tobacco, Drug, And Alcohol Policy 38 CITY OF GOLDEN VALLEY who refuse to submit to testing will be subject to discipline, up to and including termination. Prohibition For Drivers The City will not allow a driver to perform any safety-sensitive functions if the results of a Clearinghouse query demonstrates that the driver: • has a verified positive, adulterated, or substituted controlled substances test result • has an alcohol confirmation test with a concentration of 0.04 or higher; • has refused to submit to a test in violation of FMCSA regulations The City will not allow a driver to perform any safety-sensitive functions if the City has actual knowledge of a violation, as defined by FMCSA regulations, that the driver used alcohol on duty, used alcohol before duty, used alcohol following an accident, or used a controlled substance, except where a query of the Clearinghouse demonstrates: • that the driver has successfully completed the SAP evaluation, referral, and education/ treatment process; achieves a negative return-to-duty test result; and completes the follow-up testing plan prescribed by the SAP • if the driver has not completed all follow- up tests as prescribed by the SAP and specified in the SAP report, the driver has completed the SAP evaluation, referral, and education/ treatment process and achieves a negative return-to-duty test result, and City assumes the responsibility for managing the follow-up testing process associated with the testing violation Recordkeeping Required The City will retain a record of each query, and all information received in response to each query for three years. Tobacco, Drug, And Alcohol Policy employee HANDBOOK 39 Pre-Employment Checks The City will continue to conduct pre- employment checks with previous employers until the Clearinghouse has been in operation for three years (January 6, 2023). After three years of operation, the drug and alcohol background check required by FMCSA will be satisfied by querying the Clearinghouse. The City may still contact a driver’s previous DOT- regulated employer for this information in its discretion. The City’s Obligation To Report To The Clearinghouse The City is required to collect, maintain, and report personal information of applicants and drivers to the Clearinghouse under the following circumstances: • an applicant or driver has a verified positive, adulterated, or substituted drug test result • an applicant or driver has an alcohol confirmation test with a concentration of 0.04 or higher • an applicant or driver refuses to submit to a drug or alcohol test • an employer has actual knowledge that a driver has used alcohol or controlled substances, as defined at 49 C.F.R. § 382.107 • an applicant or employee engages in on-duty alcohol use while performing safety-sensitive functions • an applicant or employee engages in pre- duty alcohol use within four hours before performing a safety-sensitive function • an applicant or employee engages in alcohol use following an accident • a drug use pursuant • an SAP reports the successful completion of the return-to-duty process • the City receives a negative return-to- duty test for an employee; and • an employee completes follow-up testing employee HANDBOOK 31 SECTION 5.0 workplace rules Children in the Workplace .............................................................................................................................................. 32 Animals in the Workplace ................................................................................................................................................ 32 Appearance And Dress ..................................................................................................................................................... 32 Attendance And Absences.............................................................................................................................................. 33 Citywide Email Policy ......................................................................................................................................................... 33 External Communications ............................................................................................................................................... 34 Technology Use .................................................................................................................................................................. 34 Use Of City Property ......................................................................................................................................................... 36 Use Of Mobile Devices ..................................................................................................................................................... 36 Use Of City Vehicle ............................................................................................................................................................ 37 32 CITY OF GOLDEN VALLEY Workplace Rules Children in the Workplace City employees are welcome to bring children in their care to visit their worksite, provided that the visit is approved by the employee’s supervisor, the child or children are not ill, and visits are infrequent, brief, and planned in a fashion that limits disruption to the workplace and does not jeopardize the safety of the child. The City's insurance does not cover liability related to children in the workplace. Children visiting the workplace must be directly supervised by the host/parent/guardian at all times. If the frequency, length, or nature of visits interferes with City business, the employee (host or parent/guardian) will be advised of the situation and will be expected to take corrective action. This policy is not to be used as a childcare arrangement. Employees are provided with paid time off (PTO) benefits which may be used for personal reasons or other issues related to childcare. Animals in the Workplace The City does not allow animals/pets in the workplace. Bringing any non-service animals to work creates significant liability risk for the City. In addition to liability concerns, pets in the workplace can cause other challenges, including but not limited to: • Negatively impacting the health and comfort of employees and members of the public who are allergic to animals • Presenting safety concerns, including but not limited to slip, trip and fall hazards, scratches, bites, and other pet related injuries • Inciting fear among employees or members of the public that are not accustomed to or have had negative experiences with animals • Conflicting with religious beliefs • Causing distractions, especially if pets are noisy or high-energy • Causing inter-office squabbles, for example, between pets that do not get along • Pets need conflicting with work schedules and job duties • Violating public health rules related to food preparation Creating uninsured risk: the City's insurance does not cover liability related to pets in the workplace The City recognizes the importance of allowing individuals with disabilities the support of service animals or emotional support animals (ESA) and may grant exceptions to this rule based on an employee’s need for reasonable accommodation (See Section 2.0, Respectful Workplace for more information on reasonable accommodation). City employees granted reasonable accommodation for a service animal must ensure that the service animal is properly harnessed, leashed, or tethered to ensure the accommodated employee always maintains control of a service animal, unless the individual’s disability prevents using these devices or these devices interferes with the service animal’s safety. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. In the case of non-service animals, service animals, or ESA, employees shall be liable for any damage done to City premises and facilities, and/or injuries to other employees or members of the public. Appearance And Dress It is the City’s policy that each employee’s dress, grooming, and personal hygiene should be appropriate to the work situation. Employees who have regular contact with the public must present in a manner acceptable for carrying out their daily responsibilities. employee HANDBOOK 33 Workplace Rules Employees may dress in accordance with their gender identity, and they may dress and style their hair in a manner that expresses their individuality within the constraints of the dress codes adopted by the City. Certain employees may be required to meet special dress grooming and hygiene standards depending on the nature of their job. Clothing, jewelry, or other items that could present a safety hazard are not acceptable in the workplace. Establishment of departmental and/or division standards of dress for safety protocol is at the discretion of the supervisor and/or department head and with consultation of the City Manager or their designee. At its discretion, the City may allow employees to dress in a more casual fashion than is normal, such as allowing casual Fridays. On these occasions, employees still must present a tidy appearance and are not permitted to wear torn or disheveled clothing, athletic wear, or similarly inappropriate clothing. Employees are prohibited from wearing clothing or accessories with words, images, or phrases that violate the City’s Respectful Workplace Policy, including profanity, hate speech, pornography, reference to drugs or alcohol, or can reasonably be construed as racist, lewd, or vulgar. Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises. Non-exempt employees will not be compensated for any work time missed because of failure to comply with this policy. As further explained in the Reasonable Accommodations policy, the City will reasonably accommodate a staff member’s religious beliefs in terms of workplace attire unless the accommodation creates undue hardship. Accommodation of religious beliefs in terms of attire may be difficult in light of safety issues for staff members. Those requesting a workplace attire accommodation based on religious beliefs must contact Human Resources. Uniforms Employees who are provided uniforms by the City are required to wear them during paid work time. Uniforms may not be used for any purpose other than City business and may not be worn during off-duty time. For more information on equipment and uniform expenses, see page 53. To provide a measure of security to customers, non-uniformed employees are expected to wear City- provided badges when entering businesses and residences while performing City business. Attendance And Absences Attendance Employees are expected to work the normal hours and minimum number of hours per week as established for their positions in their respective departments. If not detrimental to the performance of City activities, certain positions may be afforded a modified work schedule under the Flexible Workplace Program (see page 40). Absences Employees who are going to be absent from work are required to notify their supervisor in advance as soon as possible. In the event 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 34 CITY OF GOLDEN VALLEY Workplace Rules time, the employee should leave a voice mail message that includes a telephone number where the employee 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. Workplace Rules employee HANDBOOK 33 • The employee must call the supervisor on each day of an absence extending beyond one day unless arrangements otherwise have been made with the supervisor. • Employees who are absent for three 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 days. Individual departments may establish more specific reporting procedures. Citywide Email Policy Mass email is an effective way to deliver appropriate and time-sensitive information that applies to or is important to the majority of the recipients. The City of Golden Valley uses email groups to deliver messages that meet one or more of the following criteria: • alert city employees to situations about health and safety risks • provide information essential to the operation or execution of business • notify City employees about changes in governance, policy, practice, benefits, wellness, and employee engagement opportunities • communicate important information from the City Manager, City Council, or other senior leadership The City prohibits any all-staff emails that are not in line with the City’s mission, vision, and values. The City Manager, Deputy City Manager, and Department Heads may send city-wide emails that meet the criteria listed above. All other employees are prohibited from sending citywide email messages to all employees or to more than one employee group without prior authorization Workplace Rules 34 CITY OF GOLDEN VALLEY from their Department Head. On occasion, a Department Head may delegate authority to send employee emails related to health and safety risks or the execution of City business. Employees are prohibited from requesting replies to citywide emails without prior authorization. External Communications The City of Golden Valley strives to provide the public with accurate and timely information, communicated in a professional manner and in accordance with the laws regarding public information and data practices. This policy provides guidelines for external communications from the City. City Representation/Media Requests Employees may receive requests from the public for information. With the exception of routine events and basic information readily available to the public, the City prohibits employees from speaking or posting to social media on behalf of the City without prior authorization from the City Manager and designated communications staff. Beyond routine and public data, additional requests, including requests for information on City personnel, potential litigation, or official opinion on a City matter, must be forwarded to the City Manager and communications department. Non-personal communications (performed within one’s job duties) to members of the public must always be professional and comply with the requirements of this policy and any other applicable rules or requirements of the City’s communications department. Use of City Logo/Department Representations Employees must receive authorization by the City Manager or communications department before using or authorizing use of the City’s logo and department representations. Employees are prohibited from using the City’s logo and department representations for personal benefit or to benefit their outside employment. Workplace Rules employee HANDBOOK 35 Social Media Use The City acknowledges and respects employees’ rights to privacy and free speech, including activity conducted on personal time on personal social media networks. Employees have the right to use their personal social media to discuss the terms and conditions of their employment. An employee’s own personal communications, such as on social media, can have a significant impact on the public’s belief that all City staff will carry out City functions faithfully and impartially and without regard to factors such as race, sex/ gender, religion, national origin, disability, sexual orientation, or other protected categories. 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: • Do not share any private or confidential information you have access to as a result of your City position. • Any personal communications made on a matter of public concern must not disrupt the efficiency of the City’s operation, including by negatively affecting morale. • The City 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 reasonably may be 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, traits associated with race (including, but not limited to, hair texture and hairstyles such as braids, locs, and twists), national origin, age, color, creed, religion, disability, Workplace Rules 36 CITY OF GOLDEN VALLEY marital status, familial status, veteran status, sexual orientation, gender identity, gender expression, status with regard to public assistance, or membership or activity in a local human rights commission. • Personal social media account name or email names should not be tied to the City (for example, by listing your job title and the name of the City). Employees may not create social media accounts using City email addresses, or create social media accounts using the City’s name without prior authorization from the City Manager or communications staff. • Employees are prohibited from using their personal social media in any way that violates the City’s Respectful Workplace Policy (such as engaging in harassing, discriminatory, or threatening posts) or any other City policy (such as representing the City’s views without prior authorization). • City employees who wish to share personal opinions about the City or City business must include the disclaimer: “These opinions/ statements are my own. They are not the official position of the City of Golden Valley or the City elected body.” Technology Use The City of Golden Valley provides a variety of electronic tools such as telephones, computers, facsimile (fax) machines, electronic mail (email) systems, and Internet access for employees. This policy governs access to and the appropriate use of City- provided electronic tools and technology at all times, including both work and non-work time, by City employees, consultants, contractors, council members, vendors, volunteers, interns, and other individuals granted access to or use of the Cities’ electronic systems in any form or manner. As a member of the LOGIS Consortium, the City of Golden Valley must also adhere to the requirements and recommendations outlined with the LOGIS Members Security Policy. Workplace Rules employee HANDBOOK 37 Security Unauthorized wireless access into the City’s network is strictly prohibited. Employees are prohibited from installing any wireless computing device or access point equipment on City equipment or property. City users are required to abide by software and documentation copyright laws and licensing agreements. At no time should any users make copies of City-owned software and documentation. Furthermore, no City employee will be allowed to manipulate hardware and software standard configurations. Employees must adhere to additional security measures while working remotely under a Flexible Work Arrangement. No Expectation of Privacy All equipment provided for employees’ use, and all documents, messages, files, data, postings, and other items received, sent, or created using City equipment, is property of the City. Employees have no expectation of privacy with respect to such equipment and materials. The City of Golden Valley strictly prohibits the forwarding of work-related email messages to personal e-mail accounts. Furthermore, employees on a leave of absence (including FMLA, ADA, short-term disability, or long-term disability) may not access City-email or City- drives without express permission of Human Resources or the City Manager. All public data received or sent from City-owned email accounts become property of the City of Golden Valley and could subject the personal email account and/or personal computer to an open records request. The City reserves the right to monitor any and all telephone, facsimile, email, and Internet activities that occur on City equipment, including those that may be of a personal nature, within the limits of and in accordance with applicable law. City- owned telephones, facsimile machines, email, and Internet systems and any and all software, data, or other information stored on a City- Workplace Rules 38 CITY OF GOLDEN VALLEY owned computer are the property of the City and may be monitored, read, examined, seized, or confiscated as necessary. City-owned property, including but not limited to locked/unlocked desk drawers and cabinets, vehicles, and equipment, may also be seized, confiscated, and/or searched as necessary. Outside of restrooms and changing facilities, employees have no expectation of privacy in the workplace. Employees should not expect any personal property that is maintained and/ or stored in City- owned property would remain private. Personal Use Employee access to and use of electronic tools such as email and the Internet is intended for business-related purposes. Outside of work time, employees may occasionally use the City’s technology for personal email, social media, and web browsing. However, such personal use may not interfere in any way with the employee’s performance, nor may it violate any policy in this handbook, such as the Respectful Workplace policy. Record Retention Data the City maintains electronically is government data and, as such, is subject to classification and access under the Minnesota Government Data Practices Act. Improper disposal may subject the employee and the agency to legal sanctions and other administrative or legal consequences. Union Use In the interest of maintaining effective labor- management relationships and efficient use of City time and resources, City email systems may be used by employee representatives of the union for certain union activities, in accordance with provisions of applicable bargaining unit agreements and state and federal law. Workplace Rules employee HANDBOOK 39 Use of City Property As stated under the Code of Conduct policy, no employee may use City-owned property, such as vehicles, equipment, or supplies, for personal convenience or profit, except when such property is available to the public generally or where such property is provided by specific City policy in the conduct of official City business. No personal business of any kind should be conducted during business hours. The City’s equipment (including mobile devices, laptops, computers, or tablets) devices must not compromise the City’s standards, values, or ordinances and cannot be used for illegal or inappropriate uses. Examples of illegal or inappropriate use include, but are not limited to, adult entertainment; sexually explicit material; political activities; material advocating intolerance or disrespect for other people, races or religions; activities that result in personal gain for a public employee; pirating of software; and copying copyrighted information. Use of City equipment for unlawful purposes, or use that is disruptive to the workplace, may be cause for disciplinary action, including discharge. Any inappropriate use of phones may subject the employee to disciplinary action and require the employee to reimburse the City. Employees are responsible for safekeeping all City-owned equipment. All such equipment must be turned in and accounted for by any employee leaving employment with the City. The duplication of keys owned by the City is prohibited unless authorized by the City Manager. Any employee found having an unauthorized duplicate key will be subject to disciplinary action. Use of Mobile Devices This policy is intended to regulate the use of mobile devices within reasonable, practical parameters. This policy applies to all City employees, including full- and part-time staff, council members, seasonal employees, and paid Workplace Rules 40 CITY OF GOLDEN VALLEY or unpaid interns who use either City- owned or personally-owned devices to access, store, back up, relocate, or access any City data. This includes, but is not limited to, mobile/cellular phones, smart phones, portable drives, data cards, laptops, notebooks, and tablets. Employees using City-owned devices and/or personal devices for City business are required to follow all City policies and state laws, data retention requirements, and City- identified security standards. Non-exempt employees require prior authorization by their supervisor to conduct City business outside their designated work hours. This applies to City-owned or personal mobile devices and includes the acts of checking City email, working on City related documents, and other types of City related communication. City Devices The City Manager or designee will determine which positions/employees should have access to City-owned mobile devices and shall specify the level of access required. Final purchase approval will be made in accordance with the City’s purchasing policies. Again, the City reserves the right to monitor the use of all mobile devices issued, and employees acknowledge they have no expectation of privacy when using City- owned mobile devices. City-owned mobile devices are intended for business use. Employees should have the equipment available during employee’s business hours and established on-call times. Incidental personal calls or texts on City-owned mobile devices are acceptable. Frequent personal use that interferes with an employee’s job functions is prohibited. Personal Devices Upon approval from the City Manager or designee, employees acting within the scope of their job responsibilities may request installation, configuration, and connection of a personally- employee HANDBOOK 37 owned mobile device to the City-owned network and/or computer. The connection of a personally- owned mobile device to the City’s network infrastructure and/or computing systems without prior approval from the City Manager or designee is prohibited. The City of Golden Valley assumes no responsibility and/or liability for costs incurred for personally owned mobile devices that are connected to or installed on City systems. This includes, but is not limited to, maintenance or upgrades of hardware or software for any purpose, licensing requirements, or as related to employee responsibility to comply with legal discover requests. The employee waives all liability claims against the City for any property or data loss that may occur as a result of the legal discovery process. Use of City Vehicles City employees are encouraged to make use of City vehicles whenever possible for City business. These vehicles are provided for the performance of employee responsibilities relating to job functions. When no City vehicle is available, employees will be reimbursed for using their own vehicles for City business at the IRS standard mileage rate. Mileage and Expense Report forms are available from the Finance Department. City vehicles are only to be used by employees conducting official City business and may not be used for personal business. Employees are expected to drive safely, obey all traffic laws, and limit use of cell phones while driving City vehicles or driving for City business. Employees who drive for City business must keep a clean driving record. Employees who are required to hold a valid driver’s license as part of their job, or anyone assigned or authorized to use a City vehicle, must immediately report any suspension, revocation, or restrictions of their driver’s license to their supervisor. The City may regularly obtain driver’s license checks on all employees assigned or authorized to use City vehicles. The City has the right to revoke any employee’s privilege to operate a City vehicle at any time. Workplace Rules 38 CITY OF GOLDEN VALLEY Upon approval by their department head and the City Manager, employees who have official City vehicles assigned to them may be authorized to keep the vehicles at their place of residence during non-scheduled hours. These vehicles may not be used for any personal business other than commuting between the residence and the City. Based on IRS regulations, use of a City vehicle for commuting purposes may subject the employee to additional income taxes, depending on the employee’s position with the City. Idling No City vehicle or piece of equipment is to be idled in a non-emergency situation. Vehicle idling is allowed as needed: • in emergency vehicles at scenes where lights, PTOs, and/or other accessories are needed to accomplish the mission • when passengers’ safety or welfare would be compromised if the vehicle were not maintained at an adequate temperature • in Police and Fire Department vehicles in accordance with the departmental guidelines • in Public Works department vehicles needed for flooding skating rinks, protecting work zones with lights, as well as during repair of water main breaks, sandblasting, and inclement weather situations where heater/ defrosters may improve working conditions Accidents and Traffic Violations All accidents involving City vehicles or equipment must be reported to the police and the employee’s supervisor immediately. The police will investigate the accident scene and prepare a report, if necessary. Employees will also be required to complete a City accident form. Any employee convicted of a traffic violation while traveling in a City vehicle or while on City business is responsible for payment of the associated fines. employee HANDBOOK 39 SECTION 6.0 code of conduct Confidential Information .................................................................................................................................................. 39 Conflict Of Interest ............................................................................................................................................................. 39 Employee-To-Employee Solicitation ........................................................................................................................... 40 Political Activity ................................................................................................................................................................... 40 Public Funds ......................................................................................................................................................................... 40 Solicitation Or Receipt Of Gifts ..................................................................................................................................... 40 Whistleblower Protections .............................................................................................................................................. 40 Code Of Conduct employee HANDBOOK 39 An employee’s primary responsibility is to serve the residents of Golden Valley. Overall, employees should exhibit conduct that is ethical, professional, and responsive. Employees must act in the best interests of the City of Golden Valley, serving all persons fairly and equitably without regard to their own personal or financial benefit. The Code of Conduct establishes standards of conduct for all employees by setting forth acts or actions that are incompatible with the best interests of the City. Failure to follow this Code of Conduct may result in disciplinary action up to and including termination. City employees are required to: • perform their assigned duties to the best of their ability at all times and to continually strive to improve their performance • render prompt and courteous service to the public at all times • read, understand, and comply with the rules and regulations as set forth in this handbook as well as those of their department • conduct themselves with decorum toward both residents and staff and respond to inquiries and information requests with patience and every possible courtesy • report all unsafe conditions to their immediate supervisor • maintain good attendance • approach job responsibilities with a positive attitude and constructively support open, respectful communication and teamwork Dishonesty interferes with effectively performing essential job duties. Employees who intentionally misrepresent facts or falsify records, including personnel records, medical records, leaves of absence documentation, or the like, will be subject to disciplinary action up to and including termination. Confidential Information During the course of their official duties, employees may have access to confidential information, as defined by the Minnesota 40 CITY OF GOLDEN VALLEY Government Data Practices Act. Employees must not disclose confidential information to others or use it to further their personal interest. 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 employees have any questions about whether such a conflict exists, they should consult with the City Manager. Holding Investments/Financial Interest The City requires employees to disclose any and all investments that might compromise the performance of their duties. The City also requires all employees to disqualify themselves from taking any action related to or influenced by their investments, except as permitted by statute. Where employees have a financial interest in any matter they are considering as part of their employment, such interest (if known) must be disclosed to the City Manager, and the employee shall be disqualified from further participation in the matter. Outside Employment The City of Golden Valley expects full-time employees to consider City work their primary employment. Prior to engaging in any outside employment, employees must submit a written request to, and receive approval from, their supervisor, department head, Human Resources Director, and the City Manager. Any other job must be compatible with the employee’s role with the City without conflict of interest or schedule. The City does not tolerate or allow outside work that interferes with the efficient and effective performance of an employee’s job duties and responsibilities. Examples of conflict- of- interest situations include those in which: • an employee’s official capacity with the City, or with the outside organization, may enable the employee to influence the securement of City business Code Of Conduct employee HANDBOOK 41 Code Of Conduct • an employee accepts a paid or unpaid position elsewhere, where such activity interferes with the employee’s duties and job performance at the City • an employee may gain access to information not generally available to the public, which may allow the employee to directly or indirectly gain anything of value In the course of outside employment, the employee may not use City equipment, resources, or staff, or receive compensation from another individual or employer for services performed during hours for which they are also being compensated by the City. Work performed for others while on approved vacation, PTO, or compensatory time is not a violation of this policy unless that work creates the appearance of a conflict of interest. Employee-to-Employee Solicitation Employee-to-employee solicitation on City property for products, services, or causes is limited to two weeks in length, to sign-up sheets or self-serve displays (no verbal presentations) in a break room/kitchen area/dining area, and during break/meal times (not during work time). Nothing in this policy is intended to interfere with employees’ ability to discuss the terms and conditions of their employment. 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. For the purposes of this policy, the term “political organization” excludes unions. 42 CITY OF GOLDEN VALLEY Public Funds No employee may use City public funds, equipment, or facilities for private gain or political campaign activities, unless such equipment and facilities are available for use by the general public. Solicitation or Receipt of Gifts Employees must not solicit or receive anything of value from any person or association, directly or indirectly. This means the City prohibits employees from accepting gifts, trinkets, or mementos valued at more than $5. Incidental items provided to public employees in the due course of business while attending conferences, seminars, and training sessions are exempt from this provision. Employees are prohibited from accepting cash in any amount. Employees may accept gifts and donations on behalf of the City in accordance with established policy, and these gifts will become property of the City. Whistleblower Protections An employee of the City who, in good faith, report activities they consider to be illegal or dishonest to one or more of the parties may have whistleblower protections. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate City management officials are charged with these responsibilities. Examples of illegal or dishonest activities include violations of federal, state, or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting. If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee is to contact their immediate supervisor or Human Resources. The employee must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing may be subject to discipline up to and including termination. Code Of Conduct employee HANDBOOK 41 It is the City’s legal responsibility to protect employees who make a complaint of employment discrimination, who serve as a witness or participate in an investigation, or who are exercising their rights when requesting religious or disability accommodation from retaliation. Whistleblower protections are provided in two important areas—confidentiality and against retaliation; insofar as consistent with Minnesota Data Practices, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law, and to provide accused individuals their legal rights of defense. The City will not retaliate against whistleblowers. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments, and threats of physical harm. Whistleblowers who believes they are being retaliated against must contact Human Resources immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing. 42 CITY OF GOLDEN VALLEY SECTION 7.0 hours of work and time tracking Core Work Hours ................................................................................................................................................................ 43 Time Tracking Procedures ................................................................................................................................................ 43 Breaks And Meals ............................................................................................................................................................... 44 Travel Time ............................................................................................................................................................................ 44 Meeting Attendance, Standby Duty, And Emergency Call-Out......................................................................... 45 Flexible Work Arrangement Policy .............................................................................................................................. 45 Severe Weather .................................................................................................................................................................... 48 Hours Of Work And Time Tracking employee HANDBOOK 43 Core Work Hours The regular work week consists of 40 hours, plus one-half hour per day of non- compensable time for lunch. Employees are expected to be in attendance during all scheduled hours of work. Typical City Hall hours are 8 am to 4:30 pm, Monday through Friday. Hours of service for other City facilities vary depending on the services performed by the department and/or division. Time Tracking Procedures Every non-exempt employee is responsible for accurately reporting time worked, rounded to the nearest 1/10th of an hour. The City of Golden Valley must keep an accurate record of time worked to calculate employee pay and benefits. Employees should clock in no sooner than 10 minutes before their scheduled shift and clock out no later than 10 minutes after their scheduled shift. Non-exempt employees are required to clock in and out for lunch breaks in addition to clocking in and out at the beginning and end of the work day. If an employee misses an entry into the timekeeping system, he or she must notify the supervisor as soon as possible. The City prohibits employees from working “off the clock.” Non-exempt employees of Brookview Golf Course are required to use the time clock system to record their hours worked (automatically rounded to the nearest 1/10th of an hour) using the pin number provided to them by the City. This number acts to verify time reported in lieu of providing a handwritten signature on a timesheet. Employees who consistently miss time clock entries may be subject to disciplinary action. Non-exempt employees are permitted to work overtime only with prior authorization from the supervisor. Overtime includes clocking in early, late, or working through the scheduled lunch period. Non-exempt employees who work overtime without prior authorization will be subject to disciplinary procedures. Hours Of Work And Time Tracking 44 CITY OF GOLDEN VALLEY Minutes Hours 6 minutes 0.10 hours 12 minutes 0.20 hours 18 minutes 0.30 hours 24 minutes 0.40 hours 30 minutes 0.50 hours 36 minutes 0.60 hours 42 minutes 0.70 hours 48 minutes 0.80 hours 54 minutes 0.90 hours 60 minutes 1.00 hours Employees may not clock in or clock out for another employee. Altering, falsifying, tampering with time records, or recording time on another employee’s time record may result in disciplinary action, up to and including termination of employment. Timesheets Full-time and part-time regular employees must submit electronic timesheets using the City payroll system by 9 am on Monday with the appropriate approvals from their supervisors. Employees cannot approve their own timesheets unless otherwise directed by their department head. Non-regular employees must complete the department- prescribed timesheet (paper or electronic). All paper timesheets and/or timecards must be completed in ink and signed by employees and their supervisors by 9 am on Monday. Any changes or errors should be crossed out and initialed by the employee and supervisor. In general, only supervisors designated by the department head can approve time sheets. In the event of a holiday, the Finance Department may request that all employees submit their timesheets at an earlier time. All timesheets will include the appropriate declaration under Minn. Stat. § 412.271, subd. 2. Hours Of Work And Time Tracking employee HANDBOOK 45 Breaks And Meals The regular 40-hour week includes two separate paid 15-minute rest breaks during each workday, plus one-half hour per day of unpaid time for lunch. Lunch and rest breaks must be scheduled to ensure continuity of service and so a department is not left unattended during normal business hours. Rest Breaks If full-time employees request and receive prior approval from their department head and/or supervisor, the rest breaks may be combined and taken during the normal lunch break. If the workday exceeds eight hours, rest breaks are usually scheduled at the rate of one break for each four hours worked per day. Different departments may set different schedules for their employees to better meet the needs of the City. Regular part-time employees are provided one 15-minute rest break for each four hours of work time per day. Lunch/Meal Breaks The length of the workday cannot be shortened by eliminating rest breaks or lunch periods. However, certain positions may be afforded a modified lunch schedule under the Flexible Workplace Program. If a non-exempt employee (eligible for overtime pay) is required to work while eating or to take a lunch break of 20 minutes or less, the time will be considered “hours worked” and the employee will be paid for the one-half hour that is normally non- compensable time. Incidental interruptions do not qualify as working through a lunch break. Working through lunch must be authorized by the supervisor and is not to be done at the employee’s discretion. Regular part-time employees with questions about lunch and rest breaks should talk with their supervisor. Hours Of Work And Time Tracking 46 CITY OF GOLDEN VALLEY Travel Time Some non-exempt positions require travel in outstate Minnesota or out- of-state. Non-exempt employees may be paid for the time they spend traveling. Whether travel is paid work time depends upon the kind of travel and whether the travel time takes place within normal work hours or outside of normal work hours. Travel Time “Travel time” is time spent traveling, including the employee’s drive to the airport or hotel, driving or flying to a destination, etc. Travel between home and work site or between the hotel and work site is considered normal commuting time and is not eligible for compensation. If an employee is traveling by air and no flights are available from or to the airport nearest the employee’s residence, then travel between the employee’s residence and the airport is considered travel time and is eligible for compensation during “normal work hours.” If an employee requests a specific travel itinerary or mode of transportation that is different from the one authorized, only the estimated travel time associated with the itinerary and authorized mode of transportation will be eligible for compensation. Normal Work Hours For the purposes of this policy, “normal work hours” are defined as 8 am to 4:30 pm. This definition applies to normal workdays (Monday through Friday) and to weekends (Saturday and Sunday). Any portion of authorized travel time that takes place within normal work hours is treated as compensable work time and will be paid at the employee’s regular hourly rate and factored into overtime calculations. Any portion of authorized travel time (with the exception of driving time) that takes place outside of normal work hours is considered to be outside travel hours. Travel time will not be counted as compensable hours if traveling outside the normal working hours. Automobile Travel All authorized travel time spent driving an automobile (as the driver, not as a passenger) Hours Of Work And Time Tracking employee HANDBOOK 47 is treated as work hours, regardless of whether the travel takes place within normal work hours or outside normal work hours. Employees will receive their regular hourly rate for all travel time spent as the driver of an automobile, and this time will be factored into overtime calculations. Travel as a passenger in an automobile is not automatically treated as work hours. Travel as a passenger in an automobile is treated the same as all other forms of travel, and compensation depends on whether the travel time takes place within normal work hours or outside of normal work hours. If an employee drives a car as a matter of personal preference when an authorized flight or other travel mode is available and the travel time by car would exceed that of the authorized mode, only the estimated travel time associated with the authorized mode will be eligible for compensation. Of course, all time spent actually working while traveling is compensable work time. For example, if the passenger in a car is working on a presentation while traveling outside of normal work hours to a conference, all time spent working on the presentation is compensable work time. Employees are responsible for accurately tracking, calculating, and reporting travel time on their time sheets in accordance with this policy. Meal periods should be deducted from all travel time. Meeting Attendance, Standby Duty, And Emergency Call-Out The City assigns non-exempt employees to perform various duties after hours, on weekends, and during holidays. Depending on the function and schedule requirements of individual positions within the City, these activities may qualify the employee for additional compensation or overtime pay. An employee who is not scheduled who responds to a problem on a weekend or holiday, or who must return to work for an “after-hours” meeting, will receive a minimum two hours of pay at one and one-half times their regular rate Hours Of Work And Time Tracking 48 CITY OF GOLDEN VALLEY of pay in any week the employee’s regular hours exceed 40. Supervisors may also modify the employee’s work schedule to accommodate circumstances such as callout or meeting attendance. The supervisor shall provide the employee with as much notice as possible when his or her attendance is required outside of normal working hours. Non-exempt public works maintenance employees may be assigned to a weekly standby duty, wherein they are responsible for responding to after-hours service calls and other assigned duties. Employees receive six hours of straight time on the Saturday, Sunday, and any City-designated and observed holiday during the employee’s scheduled standby duty. Employees who are scheduled for standby duty must abide by all of the following conditions: • be reachable by standby telephone • have capacity to report to work if called (for example, not under the influence of any drugs or alcohol) • ensure appropriate response to all calls • complete reports as required Employees scheduled for standby duty must follow the prescribed department procedures. Flexible Work Arrangement Policy The purpose of the City’s Flexible Work Arrangement Policy (FWA) is to foster a positive, adaptable work environment that meets unique employee needs while continuing to provide quality services to customers, residents, and visitors. FWAs encourage strong communication and working relationships between employees and supervisors and empower employees to manage their work and personal responsibilities effectively through alternative work arrangements. A flexible work arrangement is a business strategy and not a benefit or right. Participation in this program does not change the basic terms and conditions of employment with the Hours Of Work And Time Tracking employee HANDBOOK 49 City. All flexible work arrangements are subject to the City’s Employment Rules, the Fair Labor Standards Act, and other relevant laws. FWAs are not appropriate for every position or employee at the City. Based on position requirements and employee performance and conduct, some employees may not be eligible for the flexible work arrangements under this policy. This policy establishes guidelines for the City’s FWA, including types of FWAs, employee eligibility, policy conditions, and request process. Types of Flexible Work Arrangements Flexible work arrangement requests are not the same as ad hoc arrangements or the occasional need for flexibility. FWAs generally last longer than two months and are a regular and predictable part of the employee’s work schedule. The City offers three standard FWAs: • Telework—Working from a location other than the employee’s designated on-site work location (working from home). • Flexible Work Schedule—Working hours are outside of core business hours of 8 am to 4:30 pm. Flexible work schedules do not reduce the total number of hours worked in a given workweek. Schedule options may include fixed starting or ending times that change periodically, starting and ending times that vary daily, and variations in the length of days. A flexible work schedule may also include a traditional 40-hour workweek condensed into fewer than five workdays. • Job Sharing—Sharing workload and obligations of a full-time position by two individuals. All FWAs are made on a case-by-case basis. Americans with Disability Act and Family Medical Leave Act Arrangement Employees experiencing a qualified disability under the Americans with Disabilities Act (ADA) may be eligible for one or more flexible work arrangements. Under this circumstance, the employee should follow the ADA Request Process and contact Human Resources. Hours Of Work And Time Tracking 50 CITY OF GOLDEN VALLEY Other informal, short-term arrangements may be made for employees on family or medical leave to the extent practical for the employee and the organization and with the consent of the employee’s health care provider, if appropriate. Under this process, employees must contact Human Resources. Ad Hoc Arrangements Department Heads may approve temporary teleworking or other flexible work arrangements for circumstances such as inclement weather, special projects, personal needs, or business travel. The Department Head may approve these arrangements on an as-needed basis, with no expectation of ongoing continuance. Under these arrangements, the employee must still follow all City policies. Employee Eligibility This policy applies to all non-union employees in the City of Golden Valley. Policy Conditions Any flexible work arrangement must meet the following criteria: • Flexible work arrangements must meet the operational needs of the department, division, or work group. • Employee performance expectations remain the same regardless of the employee’s work schedule or location. • Employees must follow all City policies, including but not limited to, Technology Use Policy, Code of Conduct, Respectful Workplace, and Drug and Alcohol policies. • Flexible work arrangements must be in writing and must specify when the employee is expected to be present on- site. • On occasion, a supervisor may require an employee who is on an approved FWA to work on site to meet the needs of the department or work group. • Flexible scheduling is limited to a two- week pay period and must follow the City’s Hours of Work and Time Tracking Policy. employee HANDBOOK 47 • Flexible work arrangements are not guaranteed or permanent—they may change as the needs of the department, division, or work group change. • The supervisor may temporarily adjust work schedule or location as needed to meet the operational needs of the work group, including meeting customer service needs. Teleworking Conditions Employees requesting a telework arrangement must meet the conditions set forth in this policy. Work Environment The employee must establish an appropriate work environment within his or her home for work purposes. The City will not be responsible for costs associated with the setup of the employee’s home office, such as remodeling, furniture, or lighting, nor for repairs or modifications to the home office space. If an employee is working 100 percent remotely, the City may reimburse the employee for business- related expenses, such as phone calls and shipping costs, as approved by the City Manager. Employees are expected to be in a location where they can respond to work on site within a reasonable amount of time. Incidental arrangements outside of a reasonable distance may be approved by their supervisor as long as an employee working in a location outside of Minnesota understands and adheres to all tax implications of the state where they work. Employees must retain permanent resident status of Minnesota at all times while working remotely. Safety Employees must maintain their home workspace in a safe and ergonomically appropriate manner, free from safety hazards. The City will provide each employee with a safety checklist that the employee will complete twice per year. Injuries sustained by the employee in a home office location and in conjunction with his or her Hours Of Work And Time Tracking 48 CITY OF GOLDEN VALLEY regular work duties are normally covered by the company’s workers’ compensation policy. Teleworking employees are responsible for notifying the employer of such injuries as soon as practicable. The employee is liable for any injuries sustained by visitors to his or her home worksite. Teleworking is not designed to be a replacement for appropriate childcare. Although an individual employee’s schedule may be modified to accommodate childcare needs, the focus of the arrangement must remain on job performance and meeting business demands. Except under emergency situations or as temporary ad hoc arrangements, employees may not work 100 percent remotely. Equipment And Technology The City will provide standard equipment and technology required for employees to perform their job responsibilities. The City will not provide employees approved for teleworking arrangements additional equipment or property unless approved by the Department Head and IT Supervisor. Employees must sign an inventory of all City property and agree to take appropriate action to protect the items from damage or theft. Upon termination of employment, all City property must be returned to the City. Internet Access Employees that telework must have internet access with enough bandwidth to reliably connect to the City’s VPN. Employees should contact IT if they need assistance determining the appropriate bandwidth for their specific needs. The City will not cover expenses for employee internet access. IT Support The City will only maintain equipment supplied by the organization and will provide equipment support only at City facilities. The IT Department will not provide on-site support at an employee’s telework location. Employees may use additional equipment as needed. Equipment supplied by the employee must be deemed appropriate by employee HANDBOOK 49 the organization and must be maintained by the employee. The City accepts no responsibility for damage or repairs to employee-owned equipment. The City reserves the right to make determinations as to appropriate equipment, subject to change at any time. Security Consistent with the organization’s expectations of information security for employees working at the office, employees must ensure the protection of private data accessible from their teleworking office. Steps include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment. Employees are required to maintain the security of their City devices under the City’s current Technology Use Policy. Time Worked Non-exempt teleworking employees are required to accurately record all hours worked using the City’s time-keeping system. Hours worked in excess of those scheduled per day and per workweek require the advance approval of the telecommuter’s supervisor. Failure to comply with this requirement may result in the immediate termination of the flexible work agreement. Request Process To request a FWA, an employee must complete the Flexible Work Arrangement Request Form and the Information Technology Form. The employee and supervisor should complete the Flexible Work Arrangement Form together and submit the form to the Department Head, Human Resources, and Information Technology for approval. The City will review each request individually and consider all of the conditions and guidelines of this policy. The Department Head and Human Resources will evaluate each request by reviewing the following areas: • Employee Performance—Assess the needs and work habits of the employee. Employees 50 CITY OF GOLDEN VALLEY with unsatisfactory performance evaluations may not be approved for a FWA. • Policy Conditions—The Department Head and Human Resources will ensure all policy conditions set forth in this policy are met under the FWA. • Equipment Needs, Workspace Design Considerations, And Scheduling Issues— Review the scheduling of other department employees, the needs of the department, physical workspace needs, and the appropriate location for the telework (as applicable). Supervisors whose employees are operating under an approved FWA must communicate the arrangement with other staff in the department and periodically evaluate and update the Department Head. Employees denied a flexible work arrangement by the Department Head may appeal to the City Manager. Severe Weather City Hall offices and most other facilities will remain open during regularly scheduled hours regardless of weather conditions, unless otherwise authorized by the City Manager. When weather conditions prevent employees from reporting for regularly scheduled work assignments, or when weather conditions cause employees to leave work before the regularly scheduled time, a non-exempt employee will be paid only for those hours actually worked. Hours not worked can be: • charged to vacation leave, paid time off, or compensatory time • made up within the same workweek through supervisor-approved work Some employees may be provided transportation to and from their work sites by the City. Employees sent home early by order of the City Manager may be required to use accrued vacation leave, paid time off, or comp time. employee HANDBOOK 49 SECTION 8.0 compensation Job Classification And Pay Plan..................................................................................................................................... 50 Compensation, Overtime, And Compensatory Time ............................................................................................. 50 Payroll Policies And Procedures ..................................................................................................................................... 51 50 CITY OF GOLDEN VALLEY Compensatio n Job Classification And Pay Plan The City maintains a job classification system for all positions in the City. The City Council reviews the job classification system and compensation grid (pay plan) at least once each year. The job classification and compensation grid includes a minimum and maximum salary for each job classification. Job Descriptions Job descriptions formally document primary job duties and requirements. When an employee’s job duties change substantially, a request for a classification review may be submitted. After review by the supervisor, the request must be submitted to Human Resources for review, processing, and approval. The City Manager will authorize classification evaluations as time and budget permits. To ensure fairness, efficiency, and consistency in job reclassification processes, employees may only submit a request for job reclassification once every three (3) years. This policy is designed to maintain a structured approach to managing job classifications while addressing significant and legitimate changes in job duties or responsibilities. Employees may request a review of their classification outside of the three-year window under extraordinary circumstances, such as significant changes to job duties, organizational restructuring, or other substantial reasons. Any exceptions must be approved by department head, human resources, and the City Manager. Compensation, Overtime, And Compensatory Time Starting Compensation Employees may be hired above Step 1 if warranted by their qualifications, market conditions, or other position-related criteria in the judgment of the City Manager in consultation with Human Resources and the department head. When this occurs, the employee will receive pay increases based on the normal length of time it takes to advance to the next step increase. Temporary Assignment Compensation From time to time, employees may be asked to take on significant additional responsibilities due to the position vacancy of their supervisor or to fill-in as an acting department head. When this occurs, the employee’s pay will be adjusted commensurate with the additional responsibilities, though not all vacancies will cause an employee to receive an increase in pay. Overtime Pay Unless otherwise specified by department or division memorandum, the City work week starts at 12:01 am on Monday morning and ends at midnight on Sunday. Workdays begin at 12:01 am and end at midnight. employee HANDBOOK 51 Non-Exempt Non-Exempt employees who work in excess of the regular 40- hour work week will be compensated at one-and-one- half times their regular rate of pay. Overtime work must be approved in advance by the employee’s supervisor, department head, or the City Manager. Hourly rates are determined by dividing the annual salary by 2,080 hours. 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, up to and including discharge. Exempt Employees Exempt employees are not eligible for overtime compensation. Employees Employed at Recreational Establishments Non-exempt employees who work at certain recreational establishments are eligible for overtime compensation when they work more than 48 hours in a workweek. Compensatory Time Compensatory (comp) time is paid time off that is earned and accrued by an employee in lieu of immediate cash payment for statutory overtime hours. Eligible employees may use comp time in lieu of a cash payment for overtime. The City has established the following guidelines for accrual and use of comp time: • Non-exempt employees may accrue a maximum of 72 hours of comp time during the fiscal year beginning after the last full pay period in December. Hours not used by the end of the first pay period in December will be paid out on or near Dec 15 of each calendar year. • Employees earn comp time in one- hour increments. • Employees must use comp time in one- hour increments. • Before earning overtime or using comp time, employees must receive prior authorization from their supervisor or department head. 52 CITY OF GOLDEN VALLEY Compensatio n Compensation • All comp time must be recorded on the City timesheets. Union Employees Union employees should consult their collective bargaining agreement for information regarding job classification, pay, compensation, overtime, and compensatory time. Payroll Policies And Procedures Paydays Payday is every other Friday. Wages are paid for the two-week period ending on the previous Sunday. When paydays fall on a holiday, checks are issued the last working day before the holiday. Generally, there are a total of 26 pay periods per year. However, there may be years when there are a total of 27 pay periods. Per the City’s Hours Worked and Time Tracking policy, completed timesheets are due to payroll the Monday prior to the pay date. Direct Deposit The City mandates direct deposit of paychecks for all employees. Employees may direct deposit to checking or savings accounts at multiple financial institutions (banks or credit unions). Employees must designate a primary account but may also choose to deposit particular dollar amounts into secondary accounts. Enrollment forms and information can be obtained from Payroll or Human Resources. Payroll Deductions The City is required to deduct federal and state taxes, Social Security, and Medicare (with some exceptions) from employee paychecks. The City sends the amount collected to the appropriate state and federal government agency. The City is also required to deduct the employee’s contribution to the Public Employees Retirement Association (PERA). Depending on the employee group, the City may also be required to make deductions for the Post-Employment Health Care Savings Plan through Minnesota State Retirement System (MSRS). employee HANDBOOK 53 The schedule for payroll deductions is shown on page 52. Final Paychecks Employees who voluntarily resign their employment typically receive their final paycheck on the first pay period following their last day of work, unless requested by the employee. If the departing employee is eligible to be paid out accrued sick leave, vacation leave, and/or paid time off, the City will make this payment within two weeks after the employee’s last day of work. Employees should review the Separation Policy for more information on final paychecks. Wage Disclosure Notice 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 employees of their 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, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for disclosing their 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 Compensatio n 52 CITY OF GOLDEN VALLEY complaint with the Minnesota Department of Labor and Industry at 651-284-5075 or 800- 342- 5354. Improper Deduction And Overpayment Policy Employees who believe an improper deduction, overpayment, or another type of error has been made should immediately contact their supervisor. If the City determines it made an improper deduction from a paycheck, it will reimburse the employee for the improper amount deducted and take good faith measures to prevent improper deductions from being made in the future. In cases of improper overpayments, employees are required to promptly repay the City in the amount of the overpayment (by personal check or by authorizing a reduction in pay to cover the repayment). The City will not reduce an employee’s pay without written authorization by the employee. Once the overpayment has been recovered in full, the employee’s year- to-date earnings and taxes will be adjusted (so the year’s Form W-2 is correct), and the paying department will receive the corresponding credit. When an overpayment occurs, the repayment must be made within the same tax year. If the overpayment occurs in one tax year and is not discovered until the next year, the overpayment must be repaid in the year it is discovered, but additional steps and paperwork are required. Overpayments not repaid in full within the calendar year of the overpayment are considered “prior year overpayments,” and the employee must repay not only for the net amount of the overpayment, but also the federal and state taxes the City paid on their behalf. The City is able to recover the overpaid Social Security and Medicare taxes. Accordingly, the City will not require employees to repay those taxes if they provide a written statement that they will not request a refund of the taxes. The overpayment amount will remain taxable in the year of the overpayment, since the employee had access to the funds. The employee is not entitled to file an amended tax return for the year but may be entitled to a deduction or credit with respect to the repayment in the year of repayment. Employees should contact their tax advisors for additional information. Deduction When Taken Taxes Every payroll PERA MSRS Post-Employment Health Care Savings Plan (if applicable) Flexible Spending – Medical Expenses Flexible Spending – Dependent Care Limited Flexible Spending – Vision and Dental HSA Contributions Approved Charitable Contributions Medical Insurance Premiums First two payrolls in the month employee HANDBOOK 53 VEBA (HRA Contributions) Dental Insurance Premiums Long-Term Care Insurance Premiums Supplemental Life and Dependent Insurance Supplemental Insurance (Colonial) Union Dues, Association Dues First payroll in the month Compensatio n 54 CITY OF GOLDEN VALLEY SECTION 9.0 employee performance and discipline Suspension ............................................................................................................................................................................ 54 Demotion Or Transfer ....................................................................................................................................................... 54 Termination Of Employment .......................................................................................................................................... 54 Grievance Procedure .........................................................................................................................................................54 Employee Performance Management And Discipline 54 CITY OF GOLDEN VALLEY The City uses an objective performance review system to periodically evaluate 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. Inadequate performance may lead to the development of a performance improvement plan and disciplinary actions. City employees will be subject to disciplinary 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 may include verbal or written reprimands, suspensions, demotions, transfers, reductions in compensation or other discretionary benefits, termination of employment, or other corrective actions. In most cases, documentation of the disciplinary action taken will be placed in the employee’s personnel file with a copy provided to the employee. Suspension The City Manager may suspend an employee with or without pay for disciplinary reasons. 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 also 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. Employees on unpaid leave of absence may be able to use accrued paid time-off at the City Manager’s discretion. If the allegation is proven not credible or false after the investigation, the relevant written documents will be removed from the employee’s personnel file and the Employee Performance Management And Discipline employee HANDBOOK 55 employee will receive any compensation and benefits due had the suspension not taken place. Demotion Or Transfer An employee may be demoted or transferred if an attempt at resolving an issue has failed and the City Manager determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which he or she is demoted or transferred. Termination Of Employment See Separation Policy (Section 16) for more information. Grievance Procedure The City will administer discipline in a non- discriminatory and non- retaliatory manner. An employee who believes the discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the following grievance procedure. Step 1: The employee must first discuss the discipline with their immediate supervisor. Step 2: If the grievance is not resolved by Step 1, the employee may submit a written grievance within 14 days to their department director. The document must include: • the nature of the grievance • detailed information, including the issue, related policies, etc. • remedy or outcome desired The department director will have 10 business days to respond to the employee in writing. If the employee complaint is regarding illegal harassment, discrimination, or retaliation by the department director, the employee should submit the written complaint directly to Human Resources. Employee Performance Management And Discipline 56 CITY OF GOLDEN VALLEY Step 3: If the grievance is not resolved by Step 2, the employee may submit a written appeal to the City Manager. All written appeals must be in writing and submitted within 10 business days of receipt of the Step 2 written response. The written appeal must include: • the nature of the grievance • detailed information, including the issue, related policies, etc. • remedy or outcome desired • a copy of the grievance document submitted to the department director • a copy of the department director’s written response to the grievance The City Manager shall render a decision within 15 business days of receipt of the written appeal. This policy does not apply to employees with union representation, who must follow the grievance procedures outlined in the respective collective bargaining agreement. 56 CITY OF GOLDEN VALLEY SECTION 10.0 benefits Cafeteria Plan ....................................................................................................................................................................... 57 Benefit Eligibility ................................................................................................................................................................. 57 Tuition Reimbursement .................................................................................................................................................... 57 Miscellaneous ...................................................................................................................................................................... 58 employee HANDBOOK 57 Benefit s Cafeteria Plan Any plan offering a choice between two or more qualified benefits is considered a cafeteria plan. The City of Golden Valley Cafeteria Plan allows employees to design their own benefit packages by purchasing benefits with a pre-specified amount of employer dollars from a number of available options. The amount of the employer’s monthly contribution is established by the City Council as part of the annual compensation resolution. The Internal Revenue Service allows several qualified benefits within a flexible benefit plan: • health (including medical, dental, vision, etc.) • group term life insurance and accidental death and dismemberment insurance • flexible spending accounts • short-term disability coverage • long-term disability coverage • 457 deferred compensation plans • cash Employees with questions about benefits should contact Human Resources. Benefit Eligibility The effective date of the City’s contribution and associated benefits is determined by the City. Regular full-time employees (one FTE) are eligible for the entire monthly City contribution. Regular full-time employees must consistently work 40 hours each week to be eligible. Regular ¾-time employees (.75 FTE) are eligible for 75 percent of the monthly City contribution. Regular ¾-time employees must consistently work a minimum of 30 hours each week to be eligible. Regular ½-time employees (.5 FTE) hired prior to May 1, 2011, are eligible for 50 percent of the monthly City contribution. Regular ½-time employees must consistently work a minimum of 20 hours each week to be eligible. 58 CITY OF GOLDEN VALLEY Benefit s Employees who work less than 20 hours per week or who are temporary, seasonal, or variable-hour employees are not eligible for benefits. Employees filling a full-time temporary interim position may be eligible for benefits as agreed upon by the candidate and City Manager. Specified management and supervisory employees who have been appointed to such designated positions prior to May 1, 2011, receive 2 percent of their salary per month in addition to the monthly City contribution. Minimum Coverage Eligible employees are not required to select any benefits from the City’s cafeteria plan. However, if employees elect to opt- out of the City’s health insurance plan, they must provide written proof of other medical insurance and pay the monthly Opt-Out Fee. Tuition Reimbursement Regular City employees may be eligible for tuition reimbursement for job-related education courses that are to be applied toward a degree. Full-time regular employees are eligible to receive 100 percent reimbursement for tuition and books up to the IRS non-taxable limit for employer-provided educational benefits per calendar year. Regular employees working ¾-time (.75 FTE) are eligible to receive 75 percent reimbursement for tuition and books, and regular ½-time employees (.5 FTE) are eligible to receive 50 percent reimbursement for tuition and books. Regular part-time employees must have been hired prior to January 1, 2012, to be eligible for Tuition Reimbursement. All reimbursements are subject to approval by the employee’s supervisor, department head, human resources, and the City Manager. Probationary employees, employees on a performance improvement plan, and employees that receive a lower than satisfactory rating on their most recent performance review Benefit s 58 CITY OF GOLDEN VALLEY are not eligible to participate in the tuition reimbursement program. Employees in the position of Community Service Officer who are not on a performance improvement plan and have not received a less than satisfactory rating on any recent performance evaluation are eligible to participate in the tuition reimbursement program after six months of service. City reimbursement will be reduced by any other financial aid that does not have to be repaid (such as the GI Bill, scholarships, and grants). Reimbursement is limited to 100 percent of actual expenses. It is the responsibility of employees to inform the City if they have access to other forms of financial aid. Employees with Tuition Reimbursement Eligibility Forms approved before September 1, 2005 are eligible to continue in the program under previous program guidelines. However, these individuals will be subject to the annual IRS limit for any classes taken after January 1, 2006. To be eligible for reimbursement, employees must: • receive approval from the department head, human resources, and the City Manager prior to enrolling in each course by completing a Tuition Reimbursement Eligibility Form for each course for which the employee will seek reimbursement • submit the Tuition Reimbursement Request form within 45 days of class completion (the last day of the class) and include the following: • all receipts for tuition and books to be reimbursed • the grade awarded for the course or proof that the employee “passed” the course (if the course is graded, the employee must receive a grade of “C” or better to be eligible for reimbursement) • not claim or secure reimbursement from another agency or source that would provide a total reimbursement of more than 100 percent Fees other than tuition, such as technology fees or other student fees, are not reimbursable. Miscellaneous Car Allowance The City Council has approved a car allowance for the City Manager unless specified in a separate employment agreement. Amounts for the car allowance are included as part of the employee’s payroll check. Employees who receive a car allowance are not eligible to receive reimbursement for mileage. The City Council has approved a take-home vehicle for the Fire Chief if appointed on or before May 31, 2014, unless specified in a separate employment agreement. The City Manager may approve other positions to use a take-home vehicle. All take-home vehicles are subject to IRS taxation rules, including daily commuting taxation reported as income on the employee’s W2. employee HANDBOOK 59 SECTION 11.0 employee travel Conferences And Seminars............................................................................................................................................. 60 Travel Expenses ................................................................................................................................................................... 60 Reimbursement Process ................................................................................................................................................... 61 Employee Travel 60 CITY OF GOLDEN VALLEY From time-to-time employees may need to travel to conduct City business (for example, to attend outside meetings, seminars, and conferences). This policy sets forth the conditions under which the City will reimburse employees for travel related expenses. Conferences And Seminars Regular full-time employees may participate in conferences or seminars for City business only if the following criteria are met: • The conference or seminar is appropriately budgeted and recommended by the department head or City Manager. • Prior to registration for the conference, the employee submits a Conference Request Form and includes the required supporting documents and proof of cost estimation. The Conference Request Form must be approved by the employee’s department head, human resources, and the City Manager. Additionally, whenever possible employees are expected to take advantage of early bird pricing for all conferences and seminars. Employees who have been employed full-time with the City for at least one year and fulfill the requirements listed above may be eligible to attend out-of-state conferences. Travel Expenses Employees who travel for City business may be eligible for reimbursement of reasonable travel expenses. Employees are expected to be fiscally responsible when considering travel arrangements, which include air travel, hotel, mileage, or meals. Employees must keep appropriate receipts and document all other expenses. Transportation The following types of expenses are approved for reimbursement. Employee Travel employee HANDBOOK 61 Mileage For employees who are required to drive their vehicles as a job requirement, the City reimburses mileage at a rate consistent with IRS regulations and approved by the City Council as part of the annual compensation resolution. If an employee travels directly to an event from the employee’s home, mileage will be computed based on the distance from the distance from City Hall to the event or the employee’s home, whichever is less. Use of the employee’s personal vehicle for work purposes must be pre-approved by the employee’s supervisor and department head. In cases where the employee intends to drive a personal vehicle out of state for City business in lieu of using public transportation, the means of transportation must be pre- authorized by the City Manager. Parking fees will be reimbursed for their actual amount. Air Travel And Ground Travel Appropriate transportation should be determined on a least- cost basis. If air travel is considered the least expensive, the City will pay for the actual air travel transportation costs to and from the destination via coach, tourist, or economy class and reasonable ground transportation costs to and from the airport. The City will not reimburse employees for first-class seating or other upgrades. In cases where air travel is prohibitive, car rental is eligible for reimbursement. For out-of- state travel, the cost of mileage must not exceed the cost of an airline ticket. Employees who receive a car allowance are not eligible to receive reimbursement for mileage. The City will not reimburse any increase in travel-related costs for employees to extend the travel beyond the dates of the conference. Lodging Employees who travel to outstate Minnesota or out of state on City business are eligible Employee Travel 62 CITY OF GOLDEN VALLEY for reimbursement of lodging expenses. Employees are expected to choose lodging based on reasonableness of cost and proximity to the conference, meeting, or training site. Additionally, reimbursement is limited to the minimum number of nights required to conduct the assigned City business. Meals Employees who travel overnight on City business are eligible for reimbursement of reasonable meal expenses. Meals included as part of a conference registration are not reimbursable. Alcohol is not reimbursable. Personal Expenses Employees must pay for any personal expenses not related to City business. When family members or friends accompany City employees on trips, any companion fees or other differentials must be paid for by the employee. If an employee extends the travel beyond the dates of the conference, the employee is responsible for all lodging, meals, and other expenses, as well as the cost of return airfare if that cost exceeds the return airfare of the end date of the conference/ event. Recreational expenses, including, but not limited to, golf and sight- seeing, are not reimbursable. Reimbursement Process To receive reimbursement for reasonable travel expenses, employees must submit a Request for Reimbursement form, signed by the department head, during the fiscal year in which the expense occurred and no later than 30 days after the end of the fiscal year. Requests that do not follow this policy may not be approved. SECTION 12.0 62 CITY OF GOLDEN VALLEY expenses Equipment And Uniforms................................................................................................................................................ 63 City Expenses ....................................................................................................................................................................... 63 Expense s employee HANDBOOK 63 Equipment And Uniforms Employees who routinely work in a construction or maintenance environment are required to wear safety toe footwear. When an employee purchases safety footwear for City business, reasonable costs are eligible for reimbursement. The amount eligible for reimbursement each year is approved as part of the annual compensation resolution. Employees may purchase logo shirts at their own expense. These items must be purchased through the City from a company of the City’s choosing. Employees may select from any appropriate design in the company’s catalog. Payment for the shirts and shipping costs must be made before the order is placed. City Expenses The City of Golden Valley requires that all expenditures be valid based on the public purpose for which they are purchased and the specific or implied authority for the expenditure found in Minnesota State Statutes and as determined by the Public Purpose Expenditure Policy approved by the City Council. This includes the City’s Recognition and Wellness Programs and their objectives. SECTION 13.0 64 CITY OF GOLDEN VALLEY holidays Scheduled Holidays ........................................................................................................................................................... 65 Floating Holidays ................................................................................................................................................................ 65 Holiday Pay Eligibility ........................................................................................................................................................ 65 Holiday s employee HANDBOOK 65 The City of Golden Valley recognizes 14 eight- hour days as paid holidays for regular full- time employees and 14 prorated days as paid holidays for regular part-time employees each year. This includes 12 scheduled holidays and two floating holidays. Scheduled Holidays • New Year’s Day — January 1 • Martin Luther King, Jr’s Birthday — Third Monday in January • President’s Day — Third Monday in February • Memorial Day — Last Monday in May • Juneteenth—June 19 • Independence Day — July 4 • Labor Day — First Monday in September • Veterans Day — November 11 • Thanksgiving Day — Fourth Thursday in November • Day after Thanksgiving — Friday following Thanksgiving Day • Christmas Eve — December 24 • Christmas Day — December 25 When a holiday falls on a Saturday, the previous Friday is designated as the holiday; when one falls on a Sunday, the following Monday is designated as the holiday. Floating Holidays The City provides floating holidays to promote workplace inclusion efforts by recognizing employees’ varied religious and cultural backgrounds. Floating holidays must be approved by the employee’s supervisor and/or department head. Employees must use them in eight- hour increments. Because floating holidays do not carry over to the next calendar year, they must be used before the end of the final full pay period of the calendar year. The floating holiday is not paid out upon termination of employment. SECTION 13.0 66 CITY OF GOLDEN VALLEY Holiday Pay Eligibility To be eligible for paid holidays, employees must work on the day before and the day after such holiday, unless one of the following conditions is met: • the employee’s regular part-time schedule does not include the day before and/or the day after the holiday • the employee is using vacation or sick leave or paid time off • the employee is excused in advance by the City Manager Regular part-time employees are paid for holidays on a prorated basis, according to their budgeted Full-Time Equivalent (FTE) status. For example, if an employee occupies a position budgeted as .5 FTE, he or she will receive four hours paid time off for each holiday. Employees who are scheduled to work on an observed holiday will receive 1 ½ times hourly rate for the hours worked on the actual holiday. SECTION 14.0 66 CITY OF GOLDEN VALLEY time away from work Sick Leave And Vacation Leave For Employees Hired Before Jan 1, 2009 .................................................... 67 Paid Time Of f For Employees Hired On Or After Jan 1, 2009 ........................................................................... 69 Earned Sick And Safe Time (ESST) Leave ................................................................................................................... 71 Leave Donation ................................................................................................................................................................... 74 Family Medical Leave ......................................................................................................................................................... 74 Pregnancy And Parenting Leave ................................................................................................................................... 77 Jury And Witness Duty ......................................................................................................................................................78 Funeral Leave ....................................................................................................................................................................... 78 Military-Related Leave ...................................................................................................................................................... 78 Other Leaves ......................................................................................................................................................................... 79 Other Unpaid Leave ........................................................................................................................................................... 80 Time Away From Work employee HANDBOOK 67 Sick Leave And Vacation Leave For Employees Hired Before Jan 1, 2009 Full-time regular and part-time regular employees hired before Jan 1, 2009, are provided with a combination of paid sick leave and vacation leave. Sick Leave Employees may only use sick leave to cover absences on days when they would otherwise have been at work. It may be used, with the approval of the supervisor, in any of the following cases: • when the employee cannot work because of illness, injury, or disability of themselves, their children, spouse, parents, stepchildren, stepparents, siblings, or grandparents • for medical, dental, chiropractic, or optical examinations or treatment of the employee or employee’s children (although appointments should be scheduled to minimize the amount of disruption to the workday) • when the employee’s presence would jeopardize the health of other employees by exposing them to contagious disease • during the period of incapacity when an employee is on Family and Medical Leave for the employee’s own illness or injury or the serious health condition of eligible family members • when an employee is receiving or providing assistance because the employee or a relative, which includes employee’s adult child, spouse, sibling, parent, mother-in- law, father-in-law, grandchild, grandparent, or stepparent, is a victim of sexual assault, domestic abuse, or stalking (safety leave for listed relatives, other than the employee and the employee’s child, is limited to 160 hours in any 12-month period) • when an employee is subpoenaed or requested by the prosecuting attorney to attend court or criminal proceedings related SECTION 14.0 68 CITY OF GOLDEN VALLEY to the victim’s case because the employee is the victim or witness or is the spouse or immediate family member of such victim (immediate family member includes parent, spouse, child, or sibling of the employee) • in the event of a death in the family (up to five days of sick leave may be used for the death of a spouse or child, including stepchildren; up to three days for a death in the immediate family; and up to one day for the death of any person in the next degree of kindred) Employees may use sick time for the same purposes and under the same conditions as provided under the Earned Sick and Safe Time Leave policy. Full-time employees accumulate sick leave at a rate of one day per month, accrued on a pay- period basis (3.69 hours per pay period). Regular part-time employees earn annual leave on a prorated basis, according to their budgeted Full- Time Equivalent (FTE) status. Employees may not carry a negative sick leave balance. Employees who have used up all their sick leave and then subsequently claim sick leave hours on their time sheet will automatically have vacation leave and/ or comp time deducted from their accumulated balance if any is available. Non-exempt (hourly) employees must use sick leave in 1/10th hour increments. Exempt employees must use sick leave in eight-hour increments, except when hourly use of sick leave may be required during a FMLA- qualifying leave. Employees must notify their supervisors of their absence and request to use sick leave before their work shift begins, or as soon as practicable. After an absence, the City may require an employee to provide a physician’s statement on the first day of return to work. This statement must provide the nature of the illness or medical condition and attest 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 Time Away From Work 68 CITY OF GOLDEN VALLEY stated clearly on the return-to-work statement. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. If the City feels an additional medical opinion is warranted, Human Resources will arrange for the appropriate medical evaluation. The City has the right to require employees to be evaluated by a physician of the City’s choosing to determine the validity of a worker’s compensation or sick leave claim, or to obtain information related to restrictions or an employee’s ability to work. Once an employee has a balance of 800 hours of sick leave, additional sick leave earned is assigned one-half to vacation and one-half to sick leave for the current year. With 848 hours of sick leave banked, full-time employees accrue vacation in accordance with the Sick Leave Accrual Schedule on this page. If an employee’s balance drops below 848 hours of sick leave, the full allotment of sick leave will accrue toward the balance until 848 hours is again achieved. Employees shall receive a cash payout of all sick leave accrued in excess of 800 hours, and the balance will revert to 800 hours of sick leave. The payment shall be made mid- December of the year in which it is accrued and will be noted on the payroll dates schedule for the year. See the Separation Policy for information about paying out sick time upon termination of employment. Vacation Leave Vacation Accrual Schedule: Full-Time Employee With 800 Hours Of Sick Leave Years Of Service Vacation Accrual Per Pay Period Vacation Time Per Year Maximu m Vacation Accrual 5-11 6.46 hours 21 days 336 hours Over 11 6.77 hours 22 days 352 hours Over 12 7.08 hours 23 days 368 hours Over 13 7.38 hours 24 days 384 hours Over 14 7.69 hours 25 days (5 weeks) 400 hours Over 15 8.00 hours 26 days 416 hours Over 16 8.31 hours 27 days 432 hours Over 17 8.62 hours 28 days 448 hours Over 18 8.92 hours 29 days 464 hours Over 19 9.23 hours 30 days (6 weeks) 480 hours Over 20 9.54 hours 31 days 496 hours Vacation Accrual Schedule: Full-Time Employee Years Of Service Vacation Accrual Per Pay Period Vacation Time Per Year Maximu m Vacation Accrual 0-4.99 3.08 hours 10 days (2 weeks) 160 hours Over 5-10 4.62 hours 15 days (3 weeks) 240 hours Over 11 4.92 hours 16 days 256 hours Over 12 5.23 hours 17 days 272 hours Over 13 5.54 hours 18 days 288 hours Over 14 5.85 hours 19 days 304 hours Over 15 6.15 hours 20 days (4 weeks) 320 hours Over 16 6.46 hours 21 days 336 hours Over 17 6.77 hours 22 days 352 Time Away From Work employee HANDBOOK 69 Vacation leave for regular full-time employees accrues based on years of service unless negotiated differently at time of hire. Vacation leave accrues proportionately, at the rate of 1/26 of Time Away From Work 70 CITY OF GOLDEN VALLEY the employee’s “total days per year,” rounded to the nearest tenth each pay period. No vacation leave may be taken before it is accrued. Regular part-time employees earn annual leave on a prorated basis, according to their budgeted Full-Time Equivalent (FTE) status. Employees may accrue up to twice the annual earned vacation amount. For example, a five-year employee may accrue up to four weeks (160 hours) of vacation. Once the balance reaches its maximum amount, no more vacation will accrue. You may never accrue more than the maximum accumulation. Employees should keep track of their accumulated vacation hours. As demonstrated in the table on page 61, vacation maximums are different for employees who have accrued 800 hours of sick leave. Non-exempt (hourly) employees shall use vacation leave in 1/10th-hour increments for purposes outlined below. Exempt employees must use vacation leave in eight-hour increments. Employees requesting vacation must give two weeks’ written notice, or as much notice as practically possible. Employees should ask their department head and/or supervisor for clarification on how requests for vacation should be handled within their division or department. Vacation Payout Employees who have a balance over 800 hours of sick leave may also elect to receive a cash payout of vacation hours accrued equal to the number of sick hours the employee sells back, provided the employee’s completed election form is submitted to the City on or before Dec 1 of the prior calendar year. Employees will be paid the amount of vacation Vacation Accrual Schedule: Public Safety Employee Years Of Service Vacation Accrual Per Pay Period Vacation Time Per Year Maximu m Vacation Accrual 0-4.99 6.77 hours 10 days (2 weeks) 168 hours Over 5-10 8.31 hours 15 days (3 weeks) 248 hours Over 11 8.62 hours 16 days 264 hours Over 12 8.92 hours 17 days 280 hours Over 13 9.23 hours 18 days 296 hours Over 14 9.54 hours 19 days 312 hours Over 15 9.85 hours 20 days (4 weeks) 328 hours Over 16 10.15 hours 21 days 344 hours Over 17 10.46 hours 22 days 360 hours Over 18 10.77 hours 23 days 376 hours Over 19 11.08 hours 24 days 392 hours Over 20 11.39 hours 25 days (5 weeks) 408 hours Time Away From Work employee HANDBOOK 71 they have elected to convert to a cash payment mid-December of the year in which it is accrued, provided they have accrued over 800 hours of sick leave and sufficient vacation hours to satisfy the election. If the employee has not accrued sufficient sick leave to satisfy the full amount of the election, the City will pay out the amount of accrued vacation available. An employee’s election is irrevocable. See the Separation Policy for information about paying out vacation time upon termination of employment. Paid Time Off (PTO) For Employees Hired On Or After Jan 1, 2009 Effective Jan 1, 2009, the City implemented PTO leave for newly employed regular full-time and regular part-time employees who are not members of an organized bargaining unit. This policy replaces other paid leave provisions of vacation leave and sick leave. PTO can be used for Time Away From Work 72 CITY OF GOLDEN VALLEY any purpose, such as vacation or sick or safety leave, subject only to necessary request and approval procedures consistent with City and departmental policies. Paid Time Off Accrual PTO is accrued each pay period. Regularly scheduled part-time employees accrue PTO on a prorated basis, according to their budgeted Full-Time Equivalent (FTE) status. The PTO year of service for new employees begins on the date of employment with the City, or if there is a change of status, on the date the employee Maximum Accrual more than two times their accrual rate unless a written request has been submitted to and approved by the City Manager. Such a waiver could be granted is eligible for PTO. Employees may not carry over PTO Accrual Schedule: Regular Full-Time Employee Years Of Servic e Number Of 8-Hour Days PTO Hours Per Pay Period Maximu m Accrual In Hours Required Accrual Balance For PTO Payout 0-5 17 5.23 272 204 Over 5 22 6.77 352 264 Over 11 23 7.08 368 276 Over 12 24 7.38 384 288 Over 13 25 7.69 400 300 Over 14 26 8.00 416 312 Over 15 27 8.31 432 324 Over 16 28 8.62 448 336 Over 17 29 8.92 464 348 Over 18 30 9.23 480 360 Over 19 31 9.54 496 372 Over 20 32 9.85 512 384 Time Away From Work employee HANDBOOK 73 in the event of a special circumstance. The City Manager has the authority to establish a higher annual accrual at the time of hire, not to exceed the maximum accrual rate. Use of PTO This PTO policy encourages advance planning of absences from work. To ensure Time Away From Work 74 CITY OF GOLDEN VALLEY necessary departmental Time Away From Work employee HANDBOOK 75 coverage, non-emergency (planned) use of PTO should be requested in advance. Employees must give their supervisor advance notice equal to the amount of requested time off. Employees may use up to accrued paid time off for the same purposes and under the same conditions as provided under the Earned Sick and Safe Time Leave policy. A department head or supervisor may deny a request for planned PTO leave when granting such leave would result in insufficient personnel to carry out necessary functions of the City. An employee will not be allowed to use more than 20 consecutive “planned” PTO days without prior approval of the employee’s respective department head and the City Manager. Emergency (unplanned) use of PTO may require documentation and requires notice as soon as practicable. Established departmental rules and requirements concerning employee absences from work will be applied. To allow coordination of PTO with Family Medical Leave, employees seeking to use PTO may be required to provide pertinent information as to the purpose of the time off to allow a determination of whether the time will also qualify for Family and Medical Leave. If the PTO qualifies for Family and Medical Leave, the employee must take both leaves simultaneously. PTO Payout Employees may elect to receive a PTO payout of up to 48 hours of accrued PTO, provided the employee’s PTO balance exceeds the minimum balance for PTO payout shown on the table “PTO Accrual Schedule: Regular Full-Time.” PTO payout election forms must be completed a submitted to Human Resources on or before December 15th of the prior calendar year for processing and payout of accrued PTO the following year. An employee’s election is irrevocable and employees who submitted a PTO election form must meet accrual balance requirements no later than the last day of the first pay period in the month of December to receive PTO payout. Employees who submitted a PTO Payout election form prior to December 15th of the previous year and meet the required PTO accrual balance, will receive payout no later than the Friday following the first pay day in the month of December. Public Safety Employees shall refer to balance requirements located in the table “PTO Accrual Schedule: Public Safety Employee.” See the Separation Policy for information about paying out PTO upon termination of employment. Probationary Employees Employees within their probationary period may use no more than 24 hours of PTO during the first six months of their one-year probationary period, unless their need for PTO is related to a disability, medical condition, or safety as defined by the Women’s Economic Security Act, or as approved by the Department Head. This provision does not apply to employees serving a probationary period following a promotion, transfer, or demotion. Exempt Employees Exempt employees that are absent from the workplace for less than eight hours may do so without using PTO leave. Earned Sick And Safe Time (ESST) Leave Effective Jan 1, 2024, Earned Sick and Safe Time (ESST) is a requirement for all Minnesota employers with one or more employees to provide paid leave benefits as described below to all eligible employees. Time Away From Work 76 CITY OF GOLDEN VALLEY Eligibility All non-benefit earning employees shall accrue 1 hour of leave for each 30 hours worked, up to 48 hours in a 12-month period. Regular full-time and regular part-time benefit earning employees will continue to accrue Sick/ Vacation or PTO and may use up to 48 hours per calendar year of sick time or PTO accrued time under the same conditions as provided under this ESST Leave policy. Use Of ESST Leave ESST leave may be used as it is accrued in increments of 1/10th of an hour for the following circumstances: Time Away From Work 72 CITY OF GOLDEN VALLEY • An employee’s own: • mental or physical illness, injury, or other health condition • need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition • need for preventative care • closure of the employee’s place of business due to weather or other public emergency • inability to work or telework because the City prohibits it due to: • health concerns related to the potential transmission of a communicable illness related to a public emergency • seeking or awaiting the results of a diagnostic test, as requested by the City, for the employee’s exposure to a communicable disease related to a public emergency • absence due to domestic abuse, sexual assault, or stalking of the employee, provided the absence is to seek or obtain: • medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking • help from a victim services organization • psychological or other counseling • relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking • legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking • Care of a family member: • with mental or physical illness, injury, or other health condition • who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition Time Away From Work employee HANDBOOK 73 • who needs preventative medical or health care • whose school or place of care has been closed due to weather or other public emergency • when it has been determined by health authority or a health care professional that the presence of the family member of the employee in the community would jeopardize the health of others because of the exposure of the family member of the employee to a communicable disease, whether or not the family member has actually contracted the communicable disease • for absence due to domestic abuse, sexual assault, or stalking of the employee’s family member provided the absence is to: • seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking • obtain services from a victim services organization • obtain psychological or other counseling • seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking • seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking For Earned Sick and Safe Leave purposes, a family member includes an employee’s: • spouse or registered domestic partner • child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis • sibling, step sibling or foster sibling • biological, adoptive, or foster parent, Time Away From Work 74 CITY OF GOLDEN VALLEY stepparent, or a person who stood in loco parentis when the employee was a minor child • grandchild, foster grandchild, or step- grandchild • grandparent or step-grandparent • sibling’s child • parent’s sibling • child-in-law or sibling-in- law A family member also includes: • any of the above family members of a spouse or registered domestic partner • any other individual related by blood or whose close association with the employee is the equivalent of a family relationship • up to one individual annually designated by the employee Under this policy, all employees must use the accrued ESST time available to them prior to taking unpaid time off. Employees who work multiple jobs for the City shall accrue and use time at the hourly rate of their scheduled shifts. In the event an employee uses ESST and is scheduled for multiple jobs in one day, the employee shall be paid ESST for the duration of each shift at the corresponding rate of pay. Advance Notice For Use Of ESST 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 ESST Leave as soon as practicable. When an employee uses ESST for more than three consecutive days, the City may require appropriate supporting documentation (such as medical documentation supporting medical leave, or court records or related documentation to support safety leave). However, if the employee or employee’s family member did not receive services from a health care professional, or if documentation cannot be obtained from Time Away From Work employee HANDBOOK 75 a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used ESST Leave for a qualifying purpose. The City will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the employee’s family member’s medical condition. In accordance with state law, the City will not require an employee using ESST Leave to find a replacement worker to cover the hours the employee will be absent. All ESST documentation will be kept in accordance to the City’s document retention schedule and applicable laws. Per the statute, employees may request the City to destroy or return records under ESST Leave that are older than three years prior to the current calendar year. Carry Over of ESST Leave Employees are eligible to carry over accrued but unused ESST into the following year, but the total amount of accrued but unused ESST carry-over hours shall not exceed 80 hours at any time. Benefits and Return to Work Protections Employees using ESST Leave 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. Employees returning from time off using accrued ESST Leave are 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 ESST Leave absences will continue to accrue as if the employee has been continually employed. When there is a separation from employment with the City and the employee is rehired again within 180 days of separation, previously accrued ESST Leave that had not been used will be Time Away From Work 76 CITY OF GOLDEN VALLEY reinstated. An employee is entitled to use and accrue ESST Leave at the commencement of reemployment. Retaliation Prohibited The City shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting ESST Leave rights, requesting an ESST Leave absence, or pursuing remedies. Further, use of ESST 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 ESST Leave. Leave Donation With the express written consent of the City Manager, employees having accrued regular sick leave, vacation leave, or paid time off (PTO) will be allowed to donate a portion of leave to fellow employees experiencing a major life event as defined by the Family Medical Leave Act. The City may require a physician’s statement to be eligible for FMLA leave consideration. The employee must initiate the request by submitting written notice to Human Resources prior to the pay period following the exhaustion of their accrued leave. Donors • A full-time employee may donate no more than 16 hours of sick leave, vacation leave, or PTO to each requesting employee per calendar year. • A ½-time (.5 FTE) employee may donate no more than eight hours to each requesting employee per calendar year. • An employee may donate leave only if that employee will have a remaining balance of at least 40 hours of vacation or sick leave or PTO after the donation. • Floating holidays may not be donated. • An employee who surrenders any leave/ time-off must read and sign a statement that Time Away From Work employee HANDBOOK 77 stipulates the employee understands the nature of the “gift” and that the surrendered leave will be irrevocable. Recipients • Employees may only use donated sick/ vacation leave and/or PTO once all of their own accrued leave is exhausted, and then only up to the time of eligibility for long- term disability benefits (if applicable), or for the maximum number of days allowed to be donated, whichever occurs first. • Full-time employees will be allowed to receive a total of up to 20 days (160 hours) of donated sick/vacation leave or PTO per calendar year. • A ½-time (.5 FTE) employee will be allowed to receive a total of up to 10 days (80 hours) per calendar year. • The value of the donated sick leave, vacation leave, and/or PTO is computed according to the salary or wages of the recipient, regardless of the salary or wage of the donor. The City Manager may deny and/or limit donation requests as deemed necessary and in the best interests of the City of Golden Valley. Donated leave will not be paid out to an employee on separation of employment in the form of cash, or used in any manner other than what is stated in this policy. Family Medical Leave The Family and Medical Leave Act (FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave for the birth of a child, adoption, foster care, and certain family, military, and medical reasons. Eligibility Employees eligible for FMLA have been employed by the City of Golden Valley for at least one year and worked a minimum of 1,250 hours within the previous 12-month period. FMLA leave will be granted to eligible employees Time Away From Work 78 CITY OF GOLDEN VALLEY for any of the following: • to care for their child (after birth, or placement for adoption or foster care) • to care for their spouse, son or daughter, or parent who has a serious health condition • for their own serious health condition that makes them unable to perform their job duties A serious health condition is defined as any illness, injury, impairment, or physical or mental condition that requires: • inpatient care (overnight stay) in a hospital, hospice, or residential medical care facility • continuing treatment by a health care provider for a condition that either prevents employees from performing their job functions or prevents the qualified family member from participating in school or other daily activities, including: • a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider within 30 days of the date of incapacity, or one visit and a regimen of continuing treatment • incapacity due to pregnancy • incapacity due to a chronic condition which requires at least two visits per year for treatment by a health care provider Length of Leave The length of FMLA leave is not to exceed 12 weeks in any 12-month period. The leave year is calculated based on a rolling backward basis. The leave year will begin the first day the employee is absent from work on FMLA leave. The entitlement to FMLA leave for the birth or placement of a child for adoption expires 12 months after the birth or placement of that child. If an employee takes FMLA leave for a reason unrelated to pregnancy, the employee is still entitled to 12 weeks of leave for pregnancy- related illness and parental leave under Minnesota Pregnancy and Parental Leave. Time Away From Work employee HANDBOOK 79 Leave may be taken intermittently or on a reduced schedule if medically necessary. If not medically necessary, department head and City Manager approval is required. The City may require the employee to transfer to an alternative position of like status and pay while on intermittent leave. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the City’s operations. If leave is taken intermittently, it will not affect the status of an exempt employee under the Fair labor Standards Act. All requests for intermittent leave will be evaluated on a case-by-case basis. While on FMLA leave the employee must use sick leave, vacation leave, comp time, and/or paid time-off until all accrued leave is depleted. The use of paid leave occurs simultaneously with FMLA leave and does not extend the length of FMLA leave. Employees will not have access to City email, networks, or phone while on FMLA leave. Employees are expected to communicate with Human resources via personal phone and email. Leave Request Process The employee must give the City at least 30 days advance notice if the leave is foreseeable. Otherwise, the employee should give as much notice as is practicable and must comply with the normal call-in procedures. When the City receives the employee’s request, the City will inform the employee if he or she is eligible for FMLA and any additional information required as well as the employees’ rights and responsibilities. The employee must provide a medical certification for FMLA leave. It is to be completed by the health care professional treating the employee or family member. Employees may also be required to provide periodic recertification supporting the need for leave. A “Certification of Health Care Provider” is not required for pregnancy or the employee is on workers’ compensation. The City may require a second or third medical opinion at the City’s expense. Time Away From Work 80 CITY OF GOLDEN VALLEY Insurance Continuation All employees on FMLA leave may choose to continue existing health care benefits (health and dental) and life insurance if they so desire. These benefits will be maintained under the same conditions, and at the same level of City contribution, as before the employee goes on leave. If there are changes to the City’s contribution levels and/or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. Employees will be required to continue payment of the employee portion of the health care and/or other insurance coverage they choose to continue. The employee may choose not to retain health care or other insurance coverage during FMLA leave. When employees return from leave, they will be reinstated on the same terms as before taking leave, without any qualifying period, physical examination, exclusion of preexisting conditions, or other requirement. The employee will be required to reimburse the City for any premiums paid during the leave if the employee does not return to work for a minimum of 30 calendar days, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent, or employee, or due to other circumstances beyond the control of the employee. Employees on intermittent leave who do not return to work will be evaluated on a case-by-case basis with regard to the premium reimbursement requirement. Employees will not accrue vacation leave, sick leave, and/or paid time off while on unpaid FMLA leave. Employees using a combination of paid and unpaid leave, or intermittent unpaid leave, will accrue vacation leave, sick leave, and/or paid time off on a prorated basis. Employees using paid leave will continue to accrue benefits. Return to Work A key employee is defined as a salaried employee who is compensated in the highest 10 percent of all employees. Key employees may be denied reinstatement to the same or an equivalent Time Away From Work employee HANDBOOK 81 position after a leave if the denial is necessary to prevent substantial economic injury to the City’s operations. Employees who are not key employees will be reinstated to their same position or an equivalent position upon return from leave with equivalent pay, benefits, and working conditions. The employee may be required to submit a fitness for duty report before returning to work if the FMLA leave was for the employee’s own serious health condition. FMLA for Military Members Service member FMLA provides eligible employees unpaid leave for anyone, or a combination, of the following reasons: • a “qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the Armed Forces in support of a contingency plan; or • to care for a covered family member who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank, or rating An eligible employee will be granted up to 12 weeks of FMLA leave for “any qualifying. exigency” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or has been notified of an impending call to active duty status in the National Guard or Reserves in support of a contingency operation. Qualifying exigency includes certain: • short-notice deployment (seven days or less) • military events and related activities • childcare and school activities • financial and legal arrangements • counseling • rest and recuperation • certain post-deployment activities • additional activities where the employer and the employee agree to the leave Time Away From Work 82 CITY OF GOLDEN VALLEY An eligible employee who is the spouse, son, daughter, parent, or next of kin (closest blood relative) of a covered service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves. The service members must be medically unfit to perform the duties for which they are undergoing medical treatment, recuperation, or therapy; be in outpatient status; or be on the temporary disability retired list. The 12-month period will begin the first day leave is used. An eligible employee may be entitled to take more than one period of 26 workweeks of leave (in a subsequent 12- month period) if the leave is to care for a different covered service member or to care for the same service member with a subsequent serious injury or illness. In any event, an employee’s FMLA leave may not exceed 26 weeks for all FMLA leaves (military and other) in a 12-month period. Active Duty Leave and Caregiver Leave may be taken intermittently or on a reduced schedule if medically necessary. Employees must provide a certification for these FMLA military leaves. A “Certification of Qualifying Exigency” or a “Certification for Serious Injury or Illness of Covered Service Member” form must be completed for leave. This form can be obtained from Human Resources and completed by the employee. Along with this form, the employee must submit written documentation confirming the active duty or call to active duty status. The City will not retaliate against employees for exercising their rights under this policy. Employees are entitled to return to work in an equivalent position and at the same rate of pay they were receiving before commencement of the leave. Time Away From Work employee HANDBOOK 83 Pregnancy and Parenting Leave Paid leave may be taken within 12 months following the birth or adoption of a child. Eligible employees must use paid parental leave in the following increments unless there are extenuating circumstances, in which case City Manager approval will be required. • Full-time employees must use paid parental leave in eight-hour increments. • Three-quarter-time employees must use paid parental leave in six-hour increments. • Part-time/regular employees must use paid parental leave in four-hour increments. The paid parental leave will run concurrently with all other leaves available to the employee, including FMLA and Short-Term Disability, and any other leaves available under existing federal and state laws. The paid parental leave must be requested and used within 12 months of the qualifying event, or the opportunity to request and/or use the leave will be forfeited. 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. Adoptive parents will be given the same opportunities for leave as biological parents. As required by state law, the leave must be for the purpose of arranging the child’s placement or caring for the child after placement. Such leave must be requested and used before or within 12 months of the child’s placement in the adoptive home. Employees should provide at least 30 days’ notice of this leave, when possible, and as much notice as practicable, if not. After the 120 hours of paid parental leave (or prorated equivalent), employees will be required to first use any accrued leave i.e., paid time-off, sick leave, vacation leave, etc.), before using unpaid leave, at which time the employee may Time Away From Work 84 CITY OF GOLDEN VALLEY be eligible for leave under the leave donation policy. 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 except where leave is also FMLA qualifying. For employees on an FMLA absence, employer contributions toward insurance benefits will continue during the FMLA leave absence. The City will not retaliate against employees for exercising their rights under this policy. The employee is entitled to return to work in an equivalent position and at the same rate of pay the employee was receiving before commencement of the leave. Jury Duty/Witness Duty Employees required to serve as jurors or under subpoena as witnesses in court shall first use their personal vacation leave or paid time off (PTO) for the time served on a jury. Once the employee turns over compensation received for jury or witness duty to the Finance Department, the employee’s vacation or PTO used for jury duty will be reinstated. If the employee also received parking and mileage for jury/witness duty, the City will reimburse the employee for that portion of the jury duty check. Employees summoned to serve on a jury or as a witness are to notify their supervisor immediately in order to provide time to make work assignments to cover their duties. When employees are excused from jury/witness duty during their regular working hours, they are expected to return to work if practicable. Disclaimer: This policy applies only to jury and/or witness duty that arises outside of an employee’s official job responsibilities. For example, this policy does not apply to patrol officers who must appear in court as a representative of the City of Golden Valley. Time Away From Work employee HANDBOOK 85 Funeral Leave Funeral Leave allows employees time off to deal with the emotional impact that occurs when a family member dies. • Up to five days of sick leave may be used for the death of a spouse or child (including stepchildren). • Up to three days of sick leave may be used for the death in the immediate family. Immediate family includes any person having the following relationship to an employee or a living or deceased spouse: • parent • mother-in-law/father-in-law • sister/brother • Vacation leave, comp time, and/or PTO must be used for funerals of kindred having the following relationship to an employee or a living or deceased spouse: uncle, aunt, nephew, niece, or cousin and non- family members. • Employees may use any accrued vacation, comp time, or PTO hours for additional time off, with the approval of their supervisor and/or department head. Employees who experience the death of an immediately family member as a result the family member’s active military service should also review page 66. Military-Related Leave Military leaves of absence and reemployment rights of employees returning from active service with the armed forces shall be subject to applicable federal and state legislation. Employees are entitled to a leave of absence without loss of pay, seniority status, annual leave, or other benefits when engaged in training activities ordered or authorized by the proper authority pursuant to law, whether for state or federal purposes, but not exceeding a total of 15 days in any calendar year. City compensation is in addition to military pay. Time Away From Work 86 CITY OF GOLDEN VALLEY The leave of absence is only in the event the employee returns to employment with the City as required upon being relieved from service, 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 15-day paid leave of absence. Employees on extended unpaid military leave will receive 15 days paid leave of absence in each calendar year, not to exceed five years. For employees on active duty, as long as they uses their accrued leave time, they will continue to accrue vacation, sick leave, holiday pay, PTO, and the City’s contribution toward the cost of the employee’s health insurance. If any of the duty time is taken unpaid, the City will cease its monthly insurance contribution. Employees may continue medical coverage at their own expense in accordance with state and federal law. Employees returning from military service will be reemployed in the job 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 vacation leave, sick leave, and paid time-off accruals. Leave For Send-Off Or Homecoming Ceremony And For Family Members Of Injured Or Killed Soldiers Employees are entitled to an unpaid leave of absence, limited to actual time necessary, to attend a send-off or homecoming ceremony for an immediate family member serving in active military service. The time off shall not to exceed one day in any calendar year. Employees are entitled to an unpaid leave of absence of up to 10 days when an immediate family member is injured or killed while serving in active military service. Immediate family includes any person having the following Time Away From Work employee HANDBOOK 87 relationship to an employee or a living or deceased spouse: • parent • mother-in-law/father-in-law • sister/brother • sister-in-law/brother-in-law • son-in-law/daughter-in-law • grandparents • grandparents-in-Law • grandchildren • stepparents and/or legal guardians Other Leaves School Conferences Employees are entitled to unpaid leave to attend the special education, pre- school/school conferences, or school- related activities of their children or foster children if those conferences or activities cannot be scheduled during non- work hours. School Conference Leave is limited to a maximum of 16 hours per 12-month period. An employee may use vacation leave or PTO to receive compensation for any part of the School Conference Leave. Election Day Employees are encouraged to vote before or after work to minimize disruption. Employees who are eligible to vote may take time off without loss of pay to vote in a regularly scheduled state primary or general election, an election to fill the vacancy in the office of United States Senator, United States Representative, State Senator or State Representative, or a presidential primary. Employees may serve as election judges without loss of pay. Employees will be paid the difference between their pay as an election judge and their normal rate of pay. Employees must notify their supervisor at least 20 days in advance and provide a certification from the appointing Time Away From Work 88 CITY OF GOLDEN VALLEY authority. The certification must state the hours the employee will work and the hourly compensation the employee will be paid for their services. Bone Marrow Donation Regular employees who seek to undergo a medical procedure to donate bone marrow are eligible for a maximum of 40 hours of paid leave. Time off is not charged against accrued leave such as sick leave, paid time off, or vacation. Employees must provide a medical verification by a physician as to the purpose and length of each leave requested. If it is determined that the employee does not qualify as a bone marrow donor, paid leave granted before the medical determination is not forfeited. Organ Donation Regular employees who seek to undergo a medical procedure to donate an organ are eligible for a maximum of 40 hours of paid leave. Time off is not charged against accrued leave such as sick leave, paid time off, or vacation. Employees must provide a medical verification by a physician as to the purpose and length of each leave requested. If it is determined the employee does not qualify as an organ donor, paid leave granted before the medical determination is not forfeited. Any Other Leave The City will follow federal and state laws regarding leaves of absence. Employees who believe they are entitled to a leave of absence or other time away from work should contact Human Resources. Other Unpaid Leave The City of Golden Valley may grant an unpaid leave of absence for a period up to 90 continuous calendar days to an employee upon written request. Before requesting a leave under this section, an employee must first exhaust all available paid leave. An unpaid leave of absence requires the approval of the City Manager. The City Manager has discretion to grant an unpaid leave of absence of more than 90 days. Benefits including holidays, sick leave, vacation leave, paid time off, holidays, or other forms of indirect compensation will not accrue during an unpaid leave of absence, except as set forth in specific instances in this handbook. Step increases and probationary periods will be extended by the length of the unpaid leave. The employee may continue to be covered by group health, dental, and life insurance, under applicable state and federal law, but will be responsible for paying 100 percent of the premium costs. Employees on an unpaid leave of absence due to FMLA-qualifying event or illness may be eligible for a continuation of the employer provided monthly benefit contribution. employee HANDBOOK 81 SECTION 15.0 safety Reporting Accidents And Illnesses............................................................................................................................... 82 Compensation And Insurance Continuation ............................................................................................................. 82 Return To Work....................................................................................................................................................................83 Workplace Violence ........................................................................................................................................................... 83 Possession Of Weapons ................................................................................................................................................... 83 Reporting Workplace Violence ...................................................................................................................................... 84 Workplace Emergency Situations ................................................................................................................................. 84 82 CITY OF GOLDEN VALLEY Safet y The personal safety and health of each City of Golden Valley employee and the prevention of occupationally induced injuries and illnesses is of primary importance. To the greatest degree 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. The City Emergency and Safety Management protocols, (including severe weather) are found in the Golden Valley Solution Center under HR links. Employees should familiarize themselves with all emergency protocols. Safety Equipment: 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. Hazardous Materials/Employee Right To Know: The Employee Right-to-Know Act, part of OSHA’s Hazard Communication Standard, guarantees that employees have access to information about the chemical hazards with which they work. Employees have access to Material Safety Data Sheets with information. Job-Specific Safety Training: Certain jobs, departments, and/or divisions have specific health and safety policies and procedures, as well as required job trainings relevant to the position/ department and are required to perform the work duties. Reporting Accidents And Illnesses Workers’ compensation insurance provides wage replacement and medical payment benefits to City employees who become ill or injured as a result of their job with the City. Workers’ compensation benefits will be paid in accordance with Minnesota law. All on-the-job injuries and illnesses must be reported as soon as possible by employees, or on behalf of the injured or ill employees, to their supervisor. employee HANDBOOK 83 Upon Injury 1. Report any injury or work- related illness to supervisor immediately, or as soon as practically possible. • Employee must complete the City employee First Report of Injury Report (FROI) form within 24 hours of the injury. • Supervisors must complete the Supervisor’s First Report of Injury (FROI) form within 24 hours of being informed of the injury. 2. If the injury requires immediate attention at an emergency room, an employee may go to any clinic. 3. Beyond immediate attention, an employee must work with the City’s managed care company to schedule additional appointments and/or treatments. 4. Human Resources will complete the First Report of Injury (FROI) and forward it to the appropriate entity. The employee will also be provided a copy of the FROI and other necessary Worker’s Compensation documents. 5. Employees must keep supervisors and the City informed about their medical condition and ability to work. Compensation And Insurance Continuation An employee will be compensated for time spent seeking medical attention on the date of the injury. If an employee chooses to go home (without seeking medical attention), he or she will need to use appropriate leave. If the City’s Worker’s Compensation administrator determines the injury is payable under applicable laws, benefit checks are made payable to the employee and are sent by the insurance company directly to the City, who in turns gives the checks to the employee. 84 CITY OF GOLDEN VALLEY Safet y Safety Employees may supplement their workers’ compensation payments with accrued sick, vacation, or PTO hours to make up the 1/3 pay that workers’ compensation does not cover, up to the State law weekly maximum. If the leave is designated as Family Medical Leave Act (FMLA) leave, federal law preempts the employee from augmenting worker’s compensation payment with additional leave. (Hours used by the employee to supplement worker’s compensation payment are not reinstated when an employee turns over worker’s compensation payments.) Employees who supplement their workers’ compensation payments with paid leave will earn prorated sick and vacation leave and holiday pay. Reminder: An employee must use paid leave on the day before and the day after a holiday to receive holiday pay. Employees on workers’ compensation leave due to an injury while employed at the City of Golden Valley will continue to have the City portion of their insurance premiums paid by the City for a maximum of six months. These benefits will be maintained under the same conditions, and at the same level of City contribution, as before the employee was injured and unable to work. If there are changes to the City’s contribution levels and/or premium rates while the employee is on workers’ compensation leave, those changes will take place as if the employee were still on the job. Employees on workers’ compensation leave are required to continue payment of the employee portion of the health care and/or other insurance coverage they choose to continue. Insurance continuation will not be paid by the City for employees who fail to comply with required procedures for reporting work-related injuries. If the leave qualifies as FMLA leave, the provisions of the FMLA policy will apply and the City will pay its share of the premiums as provided under the Act. FMLA leave will run concurrently with this provision. If the employee is supplementing workers’ compensation payments with accrued sick, vacation, or PTO leave, premiums will be employee HANDBOOK 85 prorated based on the amount of paid leave used. Return To Work When an employee has missed work due to an occupational injury or illness, the City may require the employee to submit a Fitness for Duty Report before returning to work. If the employee must be absent from work due to medical appointments related to injuries sustained on the job, the employee is responsible for any time he/ she is absent from work and should use accrued sick, vacation, and PTO leave. Workplace Violence The City of Golden Valley is committed to creating and maintaining a workplace free from threats and acts of violence for all employees and visitors. It is the responsibility of every employee to treat others with respect and dignity and to promote a safe and healthy workplace. The City will not tolerate any form of violence on City property or facilities, or while on City business. Workplace violence can include, but is not limited to: physical force; verbal or written communications of a threatening, intimidating, or coercive nature; causing physical injury to oneself or another person; deliberately endangering the safety of others; committing acts motivated by discrimination and harassment; and intentional destruction of City property, or the property of others. Employees found to be in violation of this policy will be subject to disciplinary action up to and including termination of employment. Any unlawful act of violence committed by employees or members of the public while on City property, or while using City facilities or property, will be prosecuted as appropriate. Possession of Weapons The employee’s supervisor or department head will approve whether it is necessary for employees to carry any tools or instruments Safet y 84 CITY OF GOLDEN VALLEY on their person to properly perform the duties of their job and whether certain tools will be provided by the City to complete work-related tasks. With the exception of sworn law enforcement officers performing in the line of duty, employees are prohibited from possessing, carrying, or using a firearm and ammunition, or other dangerous weapons as defined, while: • working on City property or in any location on behalf of the City • working or driving on City business or riding as a passenger on City business • performing emergency or on-call work after hours on behalf of the City • attending training or conferences on behalf of the City Exceptions to the possession of firearms policy include: • an employee who is showing or transferring the weapon or firearm to law enforcement officers as part of an investigation • in City-owned parking areas, if the employee holds a valid permit to carry a pistol (providing one is required) and if the firearm is secured within an attended personal vehicle or concealed from view within a locked, unattended personal vehicle in accordance with MN Statute 97B.045 Reporting Workplace Violence All employees shall be responsible for promptly reporting incidents of violence in the workplace or potentially dangerous situations to their supervisor, department head, Human Resources, the City Manager, and where appropriate, to law enforcement authorities. A supervisor or department head receiving a report of an incident from an employee should promptly notify Human Resources or the City Manager for further assistance. employee HANDBOOK 85 Upon receiving a report of a workplace violence incident, Human Resources and/or the City Manager will initiate an investigation. Consistent with the necessity of prevention and investigation of violence in the workplace, personal information obtained in the course of an investigation under this policy will be considered confidential and not subject to public disclosure except as may be necessary as part of the disciplinary process or as otherwise provided by law. The City will not tolerate any form of retaliation against an employee who makes a complaint or participates in a workplace violence investigation. Employees who believe they have been subject to such retaliation/harassment should promptly bring it to the attention of their department head, supervisor, and/or Human Resources. Workplace Emergency Situations The City has implemented a GV Emergency notification system that allows it to push mass notifications to employees in the case of an emergency. This may include fires, severe weather/natural disasters, utility emergencies, intruders, bomb threats, active shooters, etc. Employees must provide an accurate primary phone number and permission to the City to send notifications in cases of emergency, as deemed by the City Safety Officer. Safet y 86 CITY OF GOLDEN VALLEY SECTION 16.0 separation Benefits After Termination Of Employment ............................................................................................................... 86 Paying Out Vacation Time And/Or PTO At Termination Of Employment ...................................................... 86 Discharge ............................................................................................................................................................................... 86 Resignation ........................................................................................................................................................................... 87 Retirement ............................................................................................................................................................................. 87 Layoff ....................................................................................................................................................................................... 87 References ............................................................................................................................................................................. 87 Separatio n 86 CITY OF GOLDEN VALLEY An employee who leaves the City as the result of an involuntary discharge, voluntary resignation, retirement, or layoff is considered terminated from employment. The employee’s last day will be the last regularly scheduled shift worked. Employees may not use sick time/vacation or paid time-off to extend termination date beyond the last day worked. Benefits After Termination Of Employment Employees whose employment has been terminated may be eligible for continuation of benefits. Employees with questions about this policy should contact the City’s COBRA administrator. Paying Out Vacation Time And/Or PTO At Termination Of Employment Voluntary Termination Of Employment In order for the City to pay out accrued but unused PTO or vacation time, employees who voluntarily terminate their employment (including resignation and retirement) must follow specific rules: • Regular employees: Provide at least two weeks’ written notice to their supervisor and/ or Human Resources and plan to work that two-week notice period. • Department heads: Provide at least four weeks’ written working notice to the City Manager and/or Human Resources. • All employees: Return all City property, including keys, passwords, documents, and technology, on or before the last day of work. • All employees: Cooperate with the City’s transition efforts. This includes completing records and data transfer or other similar processes. • All employees: Provide Human Resources and/or Payroll with a forwarding address and e-mail address. Separatio n employee HANDBOOK 87 Employees who meet these requirements and leave voluntarily will be deem to have left in good standing. Furthermore, regular full-time or regular part- time employees with five or more years of employment who terminate their employment in good standing or due to disability or permanent layoff will be paid one- third of their unused sick leave plus any hours exceeding 800 at their current hourly rate of pay. Retiring employees will receive 100 percent of their accrued vacation leave or paid time off as severance payment. In addition, after 10 years of continuous service, employees who meet the above requirements will receive one day’s pay for each full year of service to the City. For cases where part-time hours have fluctuated, prorated payment will be based on the employee’s status for the majority of the anniversary year. Terminating employees will receive their accrued vacation time beyond the severance plan at the discretion of the City Manager. If the employee is part of an employee group with an approved Post-Employment Health Care Savings Plan (HCSP), severance may be used to fund this benefit unless prohibited by the plan (contact Human Resources for more information regarding the HCSP). The City will pay out PTO or vacation time within two weeks after the final regular payroll. Involuntary Termination Of Employment The City has the discretion to pay out accrued but unused PTO or vacation time to employees whose employment the City terminated involuntarily, and there is no right to such a payout. Discharge The City may dismiss any at-will employee at any time for poor performance, misconduct, inefficiency, incompetence, violation of work Separatio n 88 CITY OF GOLDEN VALLEY rules, or for any other reason not prohibited by law. Employees whose employment is involuntarily terminated will be paid through their termination date. Employees will be paid for wages earned within 24 hours of their termination, if requested in writing by the employee. Resignation Resignations are deemed effective upon receipt by the immediate supervisor and/or Department Head. Resignation notices may be rescinded only before the final working day and only with the approval of the City Manager. If an employee fails to submit a letter of resignation two weeks before the employee’s actual last day of work, it may result in a loss of “good standing” with the City and influence future employment opportunities with the City. If an employee quits, but refuses to submit a letter of resignation, the supervisor must contact Human Resources. Unauthorized absences from work for a period of three consecutive workdays may be considered a resignation without proper notice. Retirement Retirement benefits are provided to employees who separate from City employment and are eligible for an annuity from the Public Employee’s Retirement Association (PERA) based on age and/or years of service. Retirement benefits are provided to City employees who terminate employment and are eligible to draw pensions under City retirement programs. The City awards retirement gifts to employees who retire under one the following criteria: • the employee is eligible to receive a retirement annuity from a Minnesota Public Pension Plan (other than a volunteer firefighter plan) Separatio n employee HANDBOOK 89 • the employee is eligible to receive a disability benefit from a Minnesota Public Pension Plan (other than a volunteer firefighter plan) • the employee has met the age and service requirements necessary to receive an annuity from a Minnesota Public Pension Plan (other than a volunteer firefighter plan) When an employee reaches one of these retirement milestones, the City will award retirement gifts according to the schedule approved in the Public Purpose Expenditure Policy. Layoff Layoffs may occur due to a work shortage, lack of funds, the elimination of a position, a material change in the duties of a position, a material change in the organization, or for other related reasons that are outside the employee’s control and do not reflect on the employee’s performance. An employee may be laid off at the discretion of the City Manager. The duties performed by any laid-off employee may be reassigned to other employees. Job- relevant qualifications are the primary basis for determining layoffs. When job- relevant qualifications of employees are equal, length of continuous service within a given job classification and total length of continuous service will be considered. In the event the laid-off employee is a veteran, the City will follow applicable state and federal laws. References The City of Golden Valley provides reference information on former employees as allowed by state law. If former employees would like to authorize someone to have access to their private data, they must complete an authorization form indicating informed consent. 88 CITY OF GOLDEN VALLEY SECTION 17.0 definitions Unless otherwise indicated, the following words and terms have meanings indicated below: Anniversary Date: The month and day of initial hiring or promotion to full-time status of an employee. Appointing Authority: The City Manager or other City employee to whom the Manager has delegated authority to appoint personnel. Appointment: A regular assignment to a paid position in the City service. Benefits: Items of indirect compensation outside of regular wages or salary and any privileges granted to employees. City: The City of Golden Valley. City Council: The elected body composed of members who serve on the City of Golden Valley’s City Council. Class: A position or group of positions similar in respect to their duties and responsibilities so that the same title can reasonably be used and the same salary schedule may be applied to the position. Compensatory Time: Earned by non-exempt employees, this is time off from work computed at one and one-half times the number of overtime hours worked in a week. Accrual of compensatory time may be subject to limitations. Days: A day is one eight-hour period, unless otherwise specified. Demotion: The placement of an employee in a position having a lower pay and/or less responsibility than the position previously held. This could involve a reduction in salary due to lack of performance, inefficiency, or misconduct. Separatio n employee HANDBOOK 89 Department Head: Those who are responsible for management of a department as determined by the City Manager or ordinance. Elected Official: Members of the City Council. Employee: A non-elected person holding a paid position in the City service. Exempt Employee: An employee who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and Minnesota Wage and Hour Laws. Federal Insurance Contribution Act (FICA): 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 (eg, police officers). These amounts may change if required by law. Full Time Equivalents (FTE): A measurement equal to one staff person working a full-time work schedule for one year. If the employee’s normal work week equals 40 hours, one FTE would be equal to an employee who works 2,080 hours annually. When defining the work week as 40 hours, an employee working 20 hours a week would be considered as a 0.5 FTE. An employee working 30 hours per week would be considered as a 0.75 FTE. Grievance: A dispute or disagreement regarding the interpretation or application of the specific terms and conditions of a labor agreement or City policy. 90 CITY OF GOLDEN VALLEY Good Standing: Employees are considered to have resigned or retired in good standing if they: • provide at least a two-week working written notice (four weeks’ notice for department heads) • return all City property • cooperate with City’s transition efforts • provide appropriate forwarding address and email address Retiring/resigning in good standing allows employees to be paid out their accrued but unused paid time off/vacation time. Immediate Family: The spouse, children, siblings, parents, grandparents, aunts, uncles, nephews, nieces, in-laws, grandchildren, step- parents, step-children, or step-grandchildren of an employee. Intern: A non-benefit earning employee who is enrolled in a public, non-profit, or private educational institution or who has just completed such course work. Interns may work on a part-time or full-time basis or both for a maximum of six months unless extended by the City manager for an additional limited duration. The extension must be approved prior to the expiration of the internship. Interns may be paid or unpaid. Lay-Off: The temporary dismissal from employment of an employee for an unspecified length of time. During a period of lay-off, employees do not accrue benefits and are not credited with service. Non-Exempt Employee: An employee who is not exempt from the overtime provisions of the Fair Labor Standards Act and Minnesota Wage and Hour Laws. Overtime: All hours actually worked at the express authorization of the employer in excess of 40 by a regular non-exempt employee in a workweek consisting of seven consecutive days (168 hours). This definition may exclude employees in certain public safety positions. employee HANDBOOK 91 Definition s Position: Employment calling for the performance of specified tasks that constitute the total work assignment of a single employee. Probationary Employee: One who has been assigned to a regular full-time or regular part- time position but who has not completed the probationary period. Probationary Period: The period after original appointment of any regular full- time or regular part-time employee or following a job reclassification. Promotion: The placement of an employee in a position having a higher pay range and/or more responsibility than the position previously held. Public Employee Retirement Association (PERA): 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. Reclassification: A change in classification of an individual position by raising it to a higher job class or reducing it to a lower job class as approved by the City Manager. Regular Employee: A non-temporary employee who earns benefits in accordance with the Personnel Policies or applicable union contract and serves in a position that is provided in the approved City budget. Safety Sensitive Functions: Tasks performed by CDL drivers that are applicable to prohibited conduct, testing, and consequences under the FMCSA alcohol and drug testing regulations. Safety Sensitive Positions: Positions, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. Seasonal Employee: Employees who work only part of the year (100 days or less) to 92 CITY OF GOLDEN VALLEY Definitions 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: The specified period of time required for an employee to be eligible for benefits. Temporary Employee: A person hired for a specific period of time and for a specific job. Temporary status will be identified at time of hire or when status changes occur. This individual is paid only for hours worked and receives no benefits or paid time off. Termination: The separation of an employee from municipal service as a result of discharge, resignation, retirement, or death. Transfer: Movement to a position within the same class as the position previously held by an employee. A transfer does not result in a change in pay range. Variable Hour Employee: An employee who is hired to work part-time but inconsistent hours (meaning works a different number of hours from week to week). Veteran: A person entitled to veteran’s preference pursuant to Minnesota and United States statutes. Workday: Eight hours, to be used for full- time calculation of benefits, leave etc, unless otherwise specified. Workweek: A period of seven consecutive days (168 hours) beginning at 12:01 am each Monday (unless otherwise specified and approved by the Department Head and the City Manager). employee HANDBOOK 91 TOGETHER * ACCOUNTABLE * BETTER