§ A314-9. Attendance and leaves.

A. 

Attendance.

(1) 

All employees shall be in attendance in their positions in accordance with these rules and departmental rules and shall work the normal hours and the minimum number of hours a week as established for their positions in their respective departments. All departments shall keep attendance records of employees which shall be reported to the City Clerk-Treasurer's office.

(2) 

Each employee shall ensure that time worked and absences are correctly reported and the distribution of hours worked are charged to their proper accounts. Supervisors also shall be responsible for approving entries for subordinate employees.

B. 

Holiday leave.

(1) 

All regular full-time employees, probationary employees, and full-time temporary employees shall receive the following holidays off with pay:

(a) 

New Year' Day (January 1).

(b) 

Martin Luther King's Birthday (third Monday in January).

(c) 

President's Day (third Monday in February).

(d) 

Good Friday.

(e) 

Memorial Day (last Monday in May).

(f) 

Independence Day (July 4).

(g) 

Labor Day (first Monday in September).

(h) 

Veteran's Day (November 11).

(i) 

Thanksgiving Day (fourth Thursday in November).

(j) 

Christmas Day (December 25).

(2) 

If any holiday falls on a Saturday, the preceding Friday shall be taken off; if on a Sunday, the following Monday shall be taken off.

C. 

Holiday pay.

(1) 

When a nonexempt or exempt full-time employee works on one of the holidays listed in Subsection B the employee shall receive eight hours straight time pay or eight hours compensatory time off as compensation for the holiday along with the normal straight time pay for those hours worked.

(2) 

Regular part-time employees shall be eligible for holiday pay if the employee has worked 1,500 hours in the previous calendar year. The employee shall receive the normal straight time pay based on the normal workday schedule.

(3) 

Holidays which occur during vacation leave, personal leave or sick leave shall not be charged against said vacation leave, personal leave or sick leave but shall be charged against holiday leave.

D. 

Vacation leave.

(1) 

The City provides vacations with pay for all eligible employees for the purpose of rest and relaxation.

(2) 

Vacation benefits are accrued based on full-time employment (32-40 hours per week). Part-time and temporary employees are not eligible for vacation benefits. Overtime hours do not accrue vacation time. Vacation hours are not accrued when the employee is on sick leave, leave of absence or layoff. Prior to the completion of six months employment, vacation is accrued but not vested. Accrued vacation will be forfeited if termination is prior to completion of six months employment. Employees with six months or more of continuous employment will be paid all accrued vacation due upon termination and it will be calculated from the last active day worked.

(3) 

All regular part-time employees are eligible to receive vacation pay if the employee has worked 1,500 hours in the previous calendar year. The employee shall receive vacation pay, normal straight time pay, based on normal scheduled workweek.

(4) 

Eligible employees will accrue vacation in accordance with the following schedule:

	ACCRUED VACATION LEAVE IN HOURS
	Years of Employment	Total Vacation/Year (hours)	Hours Accrued/Week	Maximum Accrual (hours)
	Less than 1 year	40	.77	40
	2-7 years	80	1.54	160
	8-15 years	120	2.31	240
	16 or more years	160	3.08	320

(5) 

Regular employees will be paid unused accrued vacation following termination of employment, subject to the maximum accrual of this section. The rate of pay shall be the employee's normal base straight time rate of pay in effect on the employee's termination date.

E. 

Sick leave.

(1) 

All regular employees shall receive sick leave in the following manner: All regular employees shall be entitled to sick leave which shall accumulate at the rate of 1.54 hours per week and may accumulate to a total not to exceed 180 days. Each day of sick leave used in each year will be deducted from the amount of sick leave due the employee during that year, and each year any sick leave days accumulated over 40 days, up to five days in number not used can be taken as vacation, and the balance of sick leave left at the end of the year will be credited to the employee for future use in accordance with the above formula.

(2) 

Sick leave greater than two days' duration shall be granted only upon presentation of a doctor's certificate, if requested by the supervisor.

(3) 

If employees find it necessary to take time off for dental and doctor appointments during work hours, these hours shall be accumulated during the year and each accumulation of hours totaling eight shall be considered as one day sick leave used by the employee during the year.

(4) 

Upon termination of employment after being employed by the City for 10 years or more, the City shall pay 25% of the accumulated sick leave. Upon retirement after 20 years of employment with the City, the City shall pay 50% of the accumulated sick leave.

(5) 

Sick leave may also be used by an employee to care for an employee's spouse, child, parent, sister, brother, mother-in-law, or father-in-law who has a serious health condition.

(6) 

To receive compensation while absent on sick leave, the employee shall notify his or her supervisor prior to or within two hours after the time set for the beginning of the employee's workday.

F. 

Payment to supplement workers' compensation. A regular employee may be paid the difference between workers compensation benefits and the employee's normal net rate of pay (less federal and state taxes) by drawing on the employee's sick leave balance. The difference paid by the City shall be charged against the employee's accrued sick leave balance. In no event shall an employee's combined compensation and workers' compensation plus sick leave, exceed the employees normal net rate of pay.

G. 

Payments to disabled employees. Should an employee be absent for six or more consecutive calendar months, the employee shall be deemed to have exhausted the employee's sick leave, personal leave and vacation leave to facilitate payment of benefits provided by long-term disability and/or Public Employees' Retirement Association benefits.

H. 

Military leave. Military leaves of absence with or without pay shall be granted as provided in Minnesota and United States Statutes.

I. 

Jury duty. Probationary, regular and temporary employees shall be granted leave of absence for jury duty. While on jury duty, employees shall receive that portion of their salary which will, together with their jury duty pay or fees, equal their normal base salary for the same period.

J. 

Family/medical leave.

(1) 

A regular full-time employee is eligible for family/medical leave if the employee has been employed for the preceding 12 months and has worked a minimum of 1,250 hours during the twelve-month period preceding the commencement of the leave. Leave may be granted for the following reasons:

(a) 

Because of the birth of a child, and to care for that child.

(b) 

Because of placement of a child with the employee for adoption or foster care.

(c) 

To care for a spouse, child or parent of the employee if such spouse, child or parent has a serious health condition.

(d) 

Because of a serious health condition that makes the employee unable to perform the functions of the position.

(2) 

The length of leave shall not exceed 12 weeks in a twelve-month period. The twelve-month period is measured forward from the first date leave is used. Leave shall not be taken intermittently or a reduced leave schedule unless it is medically necessary for a serious health condition of the employee, the employee's spouse, child or parent. The City may request from an employee a certification issued by a health care provider to support a requested medical leave to care for child, spouse, parent, or for the individual eligible employee with a serious health condition.

(3) 

The certification shall be sufficient if it contains the following:

(a) 

The date the serious health condition commenced;

(b) 

The probable duration of the condition;

(c) 

The appropriate medical facts;

(d) 

A statement that the eligible employee is needed to care for the child, spouse, or parent and the estimated time that such employee is needed to care for the family member; or

(e) 

A statement that the employee is unable to perform the functions of the employee's job; and

(f) 

In the case of intermittent care, the dates on which such treatment is expected to be given and the duration of such treatment.

(4) 

During a period that an eligible employee takes leave under the family/medical leave, the City shall maintain coverage under the City's group health and dental plan for not more than a total of 12 weeks. Health and dental benefits and City contribution to premium payments shall be continued at the level of and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. The employee shall be required to continue payment of the employee portion of the health and dental premiums.

(5) 

If the employee fails to return to work after the family/medical leave, the City may recover the premiums paid by the City for group health and dental benefits unless the serious health condition of the child, spouse, parent or employee continues or for other circumstances beyond the control of the employee.

K. 

Parental leave.

(1) 

A regular full-time, regular part-time or temporary employee who has been employed by the City for a minimum of 12 months and averages 20 hours per week and who is a natural or adoptive parent in conjunction with the birth or adoption of a child shall be granted, upon written request to the City Council, an unpaid leave of absence for a period not to exceed three months. Prior to the City granting a parental leave, benefits eligible to the employee under family/medical leave shall be used first. In no event will the combination of family/medical leave and parental leave exceed six months duration unless an extension is for good cause, requested in writing by the employee, and granted by the Personnel Director. When an employee desires to return from parental leave, the employee shall advise the City in writing at least two weeks prior to the employee's intended date of return. The employee shall be returned to the position which the employee vacated at the commencement of leave with the same pay.

(2) 

For leaves requiring more than a three-month period for pregnancy, delivery and postpartum recuperation an additional leave of absence without pay may be granted on the basis that such action is taken in the best interest of the City.

L. 

School conference and activities leave. A regular full-time employee who has worked for the City for 12 months may take up to 16 hours unpaid leave during any twelve-month period to attend school conferences or classroom activities or child care activities for the employee's child which cannot be scheduled during non-work hours. The employee shall provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt City operations.

M. 

Bone marrow donation leave. A regular or probationary full-time or temporary employee who averages 20 or more hours per week who seeks to undergo a medical procedure to donate bone marrow will be granted up to 40 hours of paid leave. The City may require verification by a physician of the purpose and length of each leave requested.

N. 

Funeral leave. Personal leave, not to exceed three days, may be used to arrange funerals of members of an employee's immediate family. Additional days may be granted by the City Council. The immediate family shall be construed to mean: grandfather, grandmother, father, mother, mother-in-law, husband, wife, brother, sister, father-in-law, children and grandchildren of the employee. Sick leave to attend the funeral of a close friend or family member who is not considered part of the immediate family may be used, but must be requested for in advance and approved by the supervisor.