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HomeMy WebLinkAbout6.g. Revisions to Personnel Policy`• CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: JULY 18, 2000 AGENDA ITEM: REVISIONS TO PERSONNEL POLICY AGENDA SECTION: CONSENT PREPARED BY: PAULA GRAFF, HUMAN RESOURCES COORDINATOR AGENDA NO: rTM ATTACHMENTS: PERSONNEL POLICY REVISIONS APPROVED BY: Attached are the proposed revisions the City's Personnel Policy. Major changes are occurring in four areas: 1. Section 9. Probationary Period. Department head probation period set at one year. This merely formalizes the policy already being practiced by the City Administrator. 2. Section 18. Drug and Alcohol Testing Policy. Removed notification of prescription and over - the - counter medication prior to testing. This practice was removed from the testing regulations a couple of years ago. Employees now discuss prescription and/or over - the - counter medication with the Medical Review Officer following the finding of a positive test result. 3. Section 35. Family and Medical Leave of Absence. Added section allowing the City to require the use of accrued sick, vacation, and compensatory timer This change makes the policy consistent with the law under FMLA (Family Medical Leave Act) and recent rulings made by the Supreme Court. 4. Section 36. Parental Leave. Section that said the City could not require use of vacation leave has been struck. This change makes the policy consistent with Minnesota State Statute. In addition to these changes, minor revisions have been made where spelling or grammatical errors previously existed. Also, any references to Susan Walsh in the Personnel Policy have been changed to the job title of Human Resources /Communications Coordinator. RECOMMENDED ACTION: MOTION TO APPROVE THE PROPOSED REVISIONS TO THE CITY'S PERSONNEL POLICY. COUNCIL ACTION: Section 9. PROBATIONARY PERIOD The probationary period shall be regarded as an integral part of the terms and conditions of employment. Any original appointment as a regular employee shall be subject to an initial probationary period. During the probationary period, an employee may be transferred or dismissed at the City's sole discretion for any reason or for no reason. A probationary employee shall have no rights to appeal such a decision. Prior to the expiration of the initial probationary period, the employee's performance shall be evaluated in writing by the employee's supervisor and given to the City Administrator with a written recommendation that the employee be dismissed or a statement that the employee has successfully completed the probationary period and can be considered as a regular employee. All promotions shall be subject to a probationary period. If the employee who has been promoted is found unsuited for the work of the position to which promoted, such employee may be reinstated to the position and rate of pay previously held or to some other position in the class from which such employee was promoted, provided such position is vacant. Probationary periods shall be as follows: Police officer One year Department Head One year All other regular full -time and part-time employees Six (6) months In the event of employee performance problems, the City Administrator may extend the probationary period for specific individuals for an additional six -month period(s), not to exceed one (1) additional year, upon the recommendation of the employee's department head. This action shall be documented following a meeting between the employee and the employee's supervisor. The meeting shall be held to discuss the performance issues and to develop a plan for improving employee performance. A written memo outlining the performance issues, expectations and consequences of non - performance shall be drafted for the meeting and signed by the employee and the supervisor. This written memo will be placed in the employee's personnel file and shall be revisited prior to the end of the employee's extended probation. During the first three (3) months of the initial probationary period, but not during a promotional probationary period, a probationary employee shall not be entitled to vacation leave. After completion of the first three (3) months of the initial probationary period,a probationary employee will be entitled to such leave and it shall accrue from the start of the probationary period. Section 18. DRUG AND ALCOHOL TESTING POLICY Abuse of drugs and alcohol is a nationwide problem. It affects persons of every age, race, sex and ethnic group. It poses risks to the health and safety of employees of the City of Rosemount and to the public. This policy establishes standards concerning drugs and alcohol which all employees mustmeet. It also establishes a testing procedure to ensure that those standards are met. The Drug and Alcohol Testing Policy of the City of Rosemount, Minnesota, will conform to the requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug- Free Workplace Act of 1988 and be as follows: DEFINITIONS Confirmatory Test and Confirmatory Retest A drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minn. Stat. 181.953, Subd. 1. Drug A controlled substance as defined in Minn. Stat. 152.01, Subd. 4. Drug and Aloohol, Drug or Alcohol Testing, and Drug or Alcohol Test An analysis of a•body component sample according to the standards established under one of the programs listed in Minn. Stat. 181.953, Subd. 1 for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia As set forth in Minnesota Statutes 152.01, Subd. 18. Employee A person, independent contractor, or person working for an independent contractor who performs services for the City of Rosemount for compensation, in whatever form. Initial Screening Test A drug or alcohol test that uses a method of analysis under one of the programs listed in Section 181.953, Subd. 1, or alcohol in a sample. Job Applicant A person, who applies to become an employee of the City of Rosemount, and includes a person who has received a job offer made contingent on the person passing drug and alcohol testing. Positive Test Result A finding of the presence of drugs, alcohol, or their metabolites in the sample tested in the levels contained in the standards of one of the programs listed in Minn. Stat. 181.953, Subd. 1. Reasonable Suspicion A basis for forming abelief based on specific facts and rational inferences drawn from those facts. Under the Influence Having the presence of a drug or alcohol at or above the level of a positive test result. CITYRULES: (1) No employee shall be under the influence of any drug or alcohol while the employee is working, or while the employee is on City premises or operating City vehicles, machinery, or equipment, except to the extent authorized by a valid medical prescription. (2) No employee shall use, possess, manufacture, distribute, dispense, sell or transfer drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on the City's premises or operating City vehicles, machinery or equipment, except pursuant to a valid medical prescription or when engaged in approved law enforcement activity. (3) An employee shall notify the City in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. The City shall notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. PERSONS SUBJECT TO TESTING. Employees and job applicants are subject to testing. No person will be tested for drugs or alcohol under. this policy without the person's consent. The City will request or require an individual to undergo drug or alcohol testing only under the circumstances described in this policy. Employees and job applicants are subject to testing under the City's Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations if applicable. CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING. (1) Job applicants Job applicants may be requested to undergo drug and alcohol testing after a job offer has been conditionally made and before commencing employment in the position. (2) Reasonable suspicion testing The City may request or require an employee to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol while the employee is working or while the employee is on the City's premises or operating City vehicles, machinery, or equipment; or (b) used, possessed, sold or transferred drugs, alcohol or drug paraphernalia while the employee is working or while the employee is on City premises or operating City vehicles, machinery, or equipment; or (c) has sustained a personal injury as that term is defined in Minnesota Statutes 176.011, Subd. 16, or has caused another person to die or sustain a personal injury; or (d) has caused a work - related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work - related accident resulting in total property damage exceeding $1,000, as estimated by a department supervisor at the scene of the accident or at the time the accident reported; or (e) has discharged a firearm other than (a) on a target range, or (b) while conducting authorized ballistics tests, or (c) as authorized by Rosemount Police Department rules and regulations concerning dangerous or suffering animals; or has, as determined only by employee's department head, or his/her official designate, or the City Administrator, engaged in an act or omission related to the performance of the job, whether committed on or off duty, that logically requires or justifies such testing, revealed as a clear and compelling necessity by the nature of the incident. (3) Other testing The City may permit an employee who has requested a drug and alcohol test to undergo testing in accordance with the procedures established by this policy or by State or Federal Law. (4) Treatment program testing The City may request or 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 is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period of up to two years following completion of any prescribed chemical dependency treatment program. REFUSAL TO UNDERGO TESTING: (1) Job applicants If a job applicant refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. (2) Employees If any employee refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the employee is subject to discipline up to and including termination of employment. (3) Refusal on religious grounds No employee or job applicant who refuses to undergo drug or alcohol testing of a blood sample upon religious grounds shall be deemed to have refused unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. PROCEDURE FOR TESTING: (1) Notification form. Before requesting an employee or job applicant to undergo drug or alcohol testing, the City shall provide the individual with a form on which to (a) acknowledge that the individual has seen a copy of the City of Rosemount drug and alcohol testing policy, and (b) indicate consent to undergo the drug and alcohol testing. (2) Test sample. The test sample shall be obtained in a private setting, and the procedure for taking the sample shall ensure privacy to employees and job applicants to the extent practicable consistent with preventing tampering with the sample, and may include a witness. The test sample shall be taken on the City's premises or at a medical facility designated by the employer. (3) Identification of samples Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. (4) Chain of custody The City shall use a testing laboratory which has established a reliable chain -of- custody procedure to ensure proper record keeping, handling, labeling, and identification of the samples to be tested. The procedures must require the following: (a) possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory; (b) the sample must always be in the possession of, must always be in view of, or - must be placed in a secured area by a person authorized to handle the sample; (c) a sample must be accompanied by a written chain -of- custody record; and (d) individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain -of- custody record at the time of transfer. (5) Laboratory The City shall use the services of a testing laboratory that meets one of the following criteria for drug testing: (a) is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 54 Federal Register 11970 to 11989, April 11, 1988; (b) is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093 -2750, under the forensic urine drug testing laboratory program; or (c) is licensed to test for drugs by the state of New York, department of health, under Public Health Law, article 5, title V, and rules adopted under that law. For alcohol testing, the laboratory must either be: (i) licensed to test for drugs and alcohol by the state of New York, department of health, under Public Health Law, article 5, title V, and the rules adopted under that law; or (ii) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093 -2750, in the laboratory accreditation program. (6) Retention and storage All samples that produce a positive test result shall be retained and properly stored for at least six months. (7) Test report. The testing laboratory shall prepare a written report indicating the drugs, alcohol, or their metabolites tested for and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the City within three working days after obtaining the final test results. (8) Notice of test results Within three working days after receipt of the test result report from the testing laboratory, the City shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test. The City shall also inform an employee or job applicant of the following rights pursuant to Minn. Statutes 181.953: (a) The right to request and receive from the City a copy of the test result report. (b) _ The right to request within five working days after notice of a positive test result a confirmatory retest of the original sample at the employee's or job applicant's own expense. If a confirmatory retest is conducted in accordance with Minn. Statute 181.953, Subd. 1 by a licensed laboratory at the same threshold detection levels as used in the confirmatory test, and the confirmatory retest does not result in a positive test result the City shall reimburse the employee or job applicant the actual cost of the confirmatory retest in an amount not to exceed $100.00. (c) The right to submit information to the City within three working days after a notice of a positive test result to explain that result. (d) The right of an employee for whom a positive test result on a confirmatory test was the first such result on a drug or alcohol test requested by the City not to be discharged unless the City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under an employee's benefit plan. The City may determine which type of program is more appropriate for the employee after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. The employee may be discharged if he /she has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. (e) The right to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. (f) The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the City concerning the reliability of, or explanation for, a positive test result unless the employee or job applicant was under an affirmative duty to provide the information before, upon, or after hire. (g) The right to access the information in the employee's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process including conclusions drawn from and actions taken based on the reports or other acquired information. (h) The right of an employee or a job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test. ACTIONAFTER TEST. (1) Job applicants The appointing authority will not withdraw an offer of employment made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the appointing authority will withdraw the contingent offer of employment if the City determines in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse (1) prevents the job applicant from performing the essential functions of the job in questions; or (2) constitutes a direct threat to property or the safety of others, or (3) otherwise constitutes a bona fide occupational qualification. (2) Employees The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the City may do the following: (a) First positive test result Give the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City will consult with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency before approving the program. Participation in a counseling or rehabilitation program will be at the employee's own expense or pursuant to coverage under an employee's own benefit plan. If the employee either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the employee may be discharged from employment. (b) Second positive test result Where alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the employee will be disciplined, including, but not limited to, discharge from employment. (c) Suspensions and transfers Notwithstanding any other provisions herein, the City may temporarily suspend the tested employee with pay for up to 90 days or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the employees, or the public. (d) Other misconduct Nothing in this policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a. confirmatory test, including conviction of any criminal drug statute for a violation occurring in the workplace. DATA PRIVACY.• The City will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employer or to a third party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. RIGHTS OF EMPLOYEES: An employee has a right to offer the City a written explanation of a positive test result on a confirmatory test within three working days after notice of the positive test result, and has a right to request within five working days after notice of a positive test result a confirmatory retest of the original sample at another licensed testing laboratory at the employee's or job applicant's own expense. APPEAL PROCEDURE: Employees may appeal decisions made by the City under this policy through their collective bargaining units. Employees who are not represented by a collective bargaining unit, may appeal decisions through remedies available in the City's Personnel Policy. The City will not retaliate against an employee for pursuing an appeal or other remedies provided in Minn. Stat. 181.956. GOOD FAITH EFFORT: The City of Rosemount will make a continuing good faith effort to maintain a drug -free workplace through the implementation of its Drug and Alcohol Testing Policy. CONTACT: The employer designated contact person will coordinate the implementation, direction, and administration of the City's alcohol and controlled substances policy. Employee questions concerning this policy should be directed to the Human Resources/ Communications Coordinator. Section 35. FAMILY AND MEDICAL LEAVE OF ABSENCE The Family & Medical Leave Act of 1993 permits eligible employees (as defined under the Act) to take up to 12 weeks of leave during a twelve month period for the following reasons: birth of child; placement of a child with the employee for adoption or foster care; for a serious health condition (as defined under the Act) which makes the employee unable to perform is/her job; to care for the employee's spouse, son or daughter or parent who has a serious health condition (as defined under the Act). Eligibility. Employees eligible for a Family & Medical Leave are employees who have been employed by the City of Rosemount for at least 12 months and who have worked at least 1,250 hours during the 12 month period immediately preceding the leave. Notice: Employees are required to request the leave to the City Administrator or designee at least 30 days in advance where the leave is foreseeable. If circumstances require that the leave begin in less than 30 days, employees must notify the City Administrator or designee as soon as is practicable. Medical Certification: If the, leave is for a medical reason, the requesting employee must provide a medical certification to the City Administrator or designee in a timely manner. The certification must state the date of onset of the leave, the probable duration of the leave and the appropriate medical facts concerning the leave. If the leave is for the employee's own serious health condition, the certification must also state that the employee is unable to perform the functions of his/her position. If the leave is to care for an ill or injured family member, the certification must state that the employee is needed to care for the family member and include an estimate of the amount of time needed. The City reserves the right to require a second and third medical opinion (at the City's expense) and to require re- certification, at reasonable intervals of the continuing need for the leave. The City also reserves the right to require a fitness for duty medical certification at the end of a leave taken for the employee's own serious health condition. Intermittent Leave: Family & Medical Leave may be taken intermittently or on a reduced schedule if such a leave is deemed to be medically necessary. The City may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits that better accommodates the intermittent leave than the regular position. All requests for intermittent leave will be evaluated on a case by case basis. Job Protection: An employee returning from Family & Medical Leave within the allotted leave period will be reinstated in his/her former position or a position equivalent in pay, benefits and other terms and conditions of employment. The employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if the employee's position would have been terminated had the employee not been on leave, the employee is not entitled to reinstatement in a former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system under a collective bargaining agreement, as if the employee had not taken Family & Medical Leave. Continuation of Insurance and Payment of Premiums: (1) An employee granted a Family & Medical Leave will continue to be covered under the City's group health, dental and life insurance plans under the same conditions and at the same level of City contribution as would have been provided if the employee has been continuously employed during the leave period. If there are changes in the City's contribution levels while the employee is on leave, those changes will take place as if the employee was still on the job. (2) The employee will be required to continue payment of the employee portion of the group health, dental and life insurance coverages. The employee will be advised in writing at the beginning of the leave period as to the amount and method of payment. (3) If an employee's contribution is more than 30 days late, the City may terminate the employee's insurance coverage (subject to COBRA requirements). (4) If the City pays the employee contribution(s) missed by the employee while on leave, the employee will be required to reimburse the City for delinquent payments, on a payroll deduction schedule, no later than 90 days after return from leave. The employee will be required to sign a written statement at the beginning of the leave period authorizing the payroll deduction payments. (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, dental and life benefits unless the serious health condition of the child, spouse, parent or employee continues or for other circumstances beyond the control of the employee. Use of Accrued Sick Leave, Vacation and Compensatory Time. During the Family & Medical Leave, employees may choose to use accrued sick, vacation, and/or compensatory or the City may require that an employee substitute accrued sick, vacation, and compensatory time for all or part of a Family and Medical Leave. Benefits such as sick leave or vacation will not accrue during the period of unpaid leave; however, any benefits accrued prior to commencement of such leave will not be lost. Unpaid hours will not count towards seniority. Section 36. PARENTAL LEAVE An employee who works 20 or more hours per week and has been employed more than one year is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six (6) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. 1 . The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. If the employee has any Family & Medical Leave eligibility remaining at the time this leave commences, this leave will also count towards Family & Medical Leave. The two leaves will run. concurrently until the twelve (12) week Family & Medical Leave is exhausted. An employee may use accrued vacation, or sick leave or compensatory time for either Family & Medical Leave or Parental Leave. However, use of accrued sick leave is not required for the portion of leave counted as parental leave.