CITY OF ESCANABA PERSONNEL POLICIES AND PROCEDURES MANUAL
1.0 INTRODUCTION 1.1 Purpose 1.2 Effective Date 1.3 Authority 1.4 Scope 1.5 Union Agreement 1.6 Non_Union Employee's Handbook 1.7 Department Manuals 1.8 Distribution of Manual 1.9 City Charter 1.10 Suggestions and Revisions
2.0 SELECTION/HIRING PROCESS 2.1 Request for Personnel 2.2 Recruitment 2.3 Employment Applications 2.4 Screening 2.5 Interview 2.6 Physical Examination 2.7 Appointments and Hiring 2.8 Eligibility List 2.9 Part_time/Seasonal Hire
3.0 EMPLOYMENT 3.1 Orientation 3.2 Residency 3.3 Probationary Period 3.4 Seniority 3.5 Loss of Seniority 3.6 Promotion 3.7 Transfer 3.8 Layoff Procedure 3.9 Recall Procedure 3.10 Personnel Records
4.0 HOURS OF WORK 4.1 Standard Work Day 4.2 Recording of Hours 4.3 Absence 4.4 Severe Weather 4.5 Fair Labor Standards Act 4.6 Overtime, Compensatory Time, and Premium Pay 5.0 CLASSIFICATION AND COMPENSATION 5.1 Job Descriptions 5.2 Job Classification 5.3 Payroll Procedure 5.4 Garnishment of Wages
6.0 SAFETY 6.1 Policy 6.2 Operation of Vehicles 6.3 Commercial Drivers License 6.4 Clothing 6.5 Hard Hats 6.6 Safety Glasses 6.7 Injury 6.8 MIOSHA
7.0 PERSONNEL REGULATIONS 7.1 Political Activity 7.2 Employment of Relatives 7.3 Outside Employment 7.4 Pets or Other Animals On_the_Job 7.5 Non_Work Related Activities 7.6 Personal Use of Telephones and Photocopier 7.7 Drug-Free Workplace Policy 7.8 Personal Employee Problems 7.9 Smoking Policy
8.0 GENERAL REGULATIONS 8.1 Traffic Violation Summons to City Employees 8.2 Long Distance Business Telephone Calls 8.3 Use of City Equipment 8.4 Stockroom Purchases 8.5 Additional Regulations
9.0 TRAVEL POLICY 9.1 Approval 9.2 Mileage 9.3 Meals 9.4 Lodging 9.5 Gratuities 9.6 Other Expenses 9.7 Travel Expense Voucher 9.8 Travel Advance 9.9 Payment for Travel Expense 9.10 Expenses for Husbands or Wives 10.0 DISCIPLINARY ACTIONS
11.0 GRIEVANCE PROCEDURE
12.0 SEXUAL HARASSMENT
13.0 TERMINATION 13.1 Resignation 13.2 Discharge 13.3 Retirement 13.4 Benefits Accruing to Termination Permanent Employees 13.5 Exit Interview
14.0 EMPLOYEE BENEFITS 14.1 Jury Duty 14.2 Military Leave 14.3 Life Insurance 14.4 Worker's Compensation Insurance 14.5 Education Benefits 14.6 Employee Purchasing 14.7 Uniforms 14.8 Safety Glasses 14.9 Retirement Plan 14.10 Transfer of Retirement Benefits
15.0 FAMILY AND MEDICAL LEAVE ACT
Appendices:
A Exempt Employees from Overtime Provisions B Benefits Accruing to Terminating Permanent Employees C Travel and Meal Reimbursement DEFINITIONS
The words and phrases defined below have the following meaning for the City of Escanaba Personnel Policies and Procedures Manual:
City Manager _ The chief administrative officer of the city, supervises and coordinates city government activities, directs and coordinates the operation of all city departments and presents policy recommendations to the City Council.
Classification _ A position or group of positions defined by detailed specifications as to duties, responsibilities, experience, training, and educational background required and designated by a title indicative of the type of work.
Department Head _ An administrative officer who supervises, directs, and coordinates the operation of a particular city service unit and personnel activities. The City Manager will be regarded as the "department head" of all department heads.
Exempt Employee _ A city employee who because of his/her duties and responsibilities is exempt from the overtime provisions of the Fair Labor Standards Act. Exempt employees are divided into three categories: Executive, Administrative, and Professional.
Grievance _ An oral or written complaint by an employee regarding the interpretation or application of city policies or procedures which affect the employee's wages, hours, or condition of employment.
Job Description _ A written listing of the typical duties and responsibilities associated with the position.
Minimum Qualifications _ Minimum hiring or promotion standards for each position established by the City Manager which must be met by an applicant prior to placement of the applicant in the position. Those standards shall include education, training, licenses or certification, and experience in other city positions or in positions outside city employment.
MIOSHA _ Michigan Occupational Safety and Health Act.
Nonexempt Employee _ A city employee who because of his/her duties and responsibilities and salary is not exempt from the overtime provisions of the Fair Labor Standards Act. A nonexempt employee must receive the minimum overtime compensation as provided by FLSA.
Non_Union Employee _ Any employee who is not represented by a group which is recognized by the city for collective bargaining.
Part_time Employee _ An employee hired for an indeterminate period and who is not designated a permanent or seasonal employee at time of hire. Permanent Employee _ An employee who regularly works the standard work week of 40 hours and is designated a permanent employee at time of hire.
Personnel Director _ An employee who at the direction of the City Manager, as the Personnel Director performs various personnel duties.
Position _ A group of current duties and responsibilities assigned by the City Manager and specified by a job description which requires the full or part_time employment of one person. Probationary Employee _ An employee serving a specified trial period to determine if mutually compatible conditions exist between the employee and employer.
Promotion _ The movement of an employee to a position of greater responsibility and/or more complex duties which has a higher wage rate within the same department.
Seasonal Employee _ An employee hired for a period of set duration.
Transfer _ The movement of an employee to a position of similar responsibility and/or more similar duties which has a similar wage rate. City of Escanaba Personnel Policies and Procedures Manual
1.0 INTRODUCTION
1.1 Purpose
The City of Escanaba is an equal opportunity employer whose policy is to select personnel and to conduct all personnel activities without regard to religion, race, color, national origin, age, sex, height, weight, or marital status, except where a bona fide occupational qualification exists. The City of Escanaba will maintain a system of uniform and equitable personnel policies and procedures to assure equal treatment of all employees and applicants.
1.2 Effective Date
The policies and procedures contained in this manual will take immediate effect upon the approval of City Manager.
1.3 Authority
Department heads are responsible for the administration of the manual; interpretations of the manual will be made by the department head and the City Manager. Exceptions to the policies and procedures are made by the City Manager.
1.4 Scope
The provisions of this manual apply to all permanent, part_time, and seasonal employees. These policies and procedures do not apply to individuals or firms providing services through a special contractual agreement with the city.
1.5 Union Agreement
Where provisions of this manual conflict with or differ from the provisions of any existing union agreements, the provisions of union agreements shall supersede the provisions of this manual.
An asterisk (*) in the column next to policy headings in this manual indicates that a collective bargaining agreement speaks to the subject. Union employees must consult their appropriate agreement. 1.6 Non_Union Employee's Handbook
Non_union permanent employees must consult their handbook concerning policies and procedures not contained in this manual
An asterisk (*) in the column next to the policy headings in this manual indicates that the handbook speaks to the subject. 1.7 Departmental Manuals
Individual departments may develop operational manuals listing rules, regulations, and policies applicable to the employees in that department. The departmental manuals are to supplement the provisions contained in the City of Escanaba Personnel Policies and Procedures Manual. Any conflicting policies or procedures will be resolved by the department head and the City Manager.
1.8 Distribution of Manual
Each employee selected to fill a position shall read the Personnel Policies and Procedure Manual upon hire. Employees will also be given a copy of the manual upon hire.
1.9 City Charter
The personnel policies and procedures, as outlined in this manual, are intended to be in accordance with and supplement the personnel provisions contained in the City Charter. Where provisions of this manual conflict with valid provisions of the City Charter, the provisions of the City Charter shall supersede the provisions of the manual.
1.10 Suggestions and Revisions
Employees are encouraged to submit to the Personnel Director suggestions for changes. These suggestions will be kept in a special file maintained by the Personnel Director and reviewed periodically by the Personnel Director and the City Manager. The Personnel Policies and Procedures Manual may be unilaterally changed and amended by the City Manager at any time.
Amendments, changes, or additions of policies and procedures instituted by the City Manager will be brought to the attention of the City Council.
Approved revisions to the Personnel Policies and Procedures Manual will be distributed to department heads, as the changes become available, for inclusion in the department's manual. All employees will also receive a copy of all revisions. 2.0 SELECTION/HIRING PROCESS
2.1 Request for Personnel
The following is the standard procedure for requesting additional city employees, including part_time and seasonal employees:
a. Any department head requesting additional personnel must do so in writing using the "Request for Personnel" form.
b. Forms shall be submitted to the Personnel Director by the department head making the request.
c. The Personnel Director shall process the forms and make a recommendation to the City Manager.
d. The City Manager will either authorize the request or deny it, and return the form to the Personnel Director.
e. The Personnel Director will inform the department head of the City Manager's decision. The Personnel Director is responsible for such recruitment (see 2.2 Recruitment).
2.2 Recruitment
In order to attract qualified applicants for vacant positions, the following procedures will be followed:
a. If job openings have not been filled as a result of an "internal job posting", openings will then be listed with the local Michigan Employment Security Commission Job Service.
b. Notices of vacant positions will be posted on the public bulletin board at the City Hall, and throughout appropriate work stations at various City departments.
c. Permanent positions will be advertised in the local newspaper and, if applicable, will also be advertised in technical or specialized journals. Sources utilized will be consistent with the City's affirmative action plan strategies.
d. Posted job notices and advertisements shall contain the job title, summary of duties, minimum qualifications, wage rate, application deadline, and the phrase, "an equal opportunity employer M/F". 2.3 Employment Applications
Persons desiring employment with the City must complete an employment application blank. Application blanks are available from the Personnel Director. Applications for City Manager, City Clerk, and City Assessor positions will be submitted to the City Council for review or as delegated in 2.2 Recruitment. Applications for other positions will be submitted for review to the Personnel Director. Applications for permanent positions will be retained by the Personnel Director in an active file for one year and an inactive file for one year from the date of application. Applications for part_time or seasonal work will be retained for one year.
2.4 Screening
Following the deadline for submission of applications, the Personnel Director or appropriate city officials will determine which applicants possess qualifications that meet the position's minimum qualifications. During this period, additional information may be solicited of the applicants and references checked. Applicants may be given written tests, where applicable, as a measure of their ability. Selected applicants will be invited for a personal interview.
2.5 Interview
The interview is given to further evaluate the training, experience, and skills of the applicant, as well as inform the applicant of the salary, benefits, and other relevant information about the position. Interviews to select the applicant best suited for the position will be conducted by the Personnel Director and/or appropriate city official. All applicants rejected will be notified after the position is filled and may be contacted should an opening arise suitable to their qualifications in the future.
2.6 Physical Examination
Each prospective employee selected to fill a position shall be required to have a medical examination given by a physician designated by the City Manager. The exam will be scheduled after a job offer has been made. The Personnel Director is responsible for making the proper arrangements. The physical examination, given at the City's expense, will determine if the prospective employee is physically able to perform the work as detailed in the job description, without substantial risk of injury or disability, and will include a screening for substance abuse.
Existing employees transferring to positions which require greater physical tasks will be required to pass a physical exam to determine if the employee can perform the essential job functions.
The physical examination will also include a drug screening. Positive drug findings will result in rejection of the applicant. Prospective employees will be notified in writing that they will be required to pass this pre_employment drug screen. At age 40, Public Safety personnel will be required to have a thorough physical examination which includes an EKG. A follow up physical examination will be given every two years thereafter.
The Director of Public Safety is responsible for making the arrangements for the physical examinations. The examinations will be at the City's expense.
2.7 Appointments and Hiring
Appointments to the position of City Manager, City Clerk, and City Assessor shall be made by the City Council. The City Manager shall appoint the City Treasurer, City Attorney, and heads of the various departments. Other positions will be hired by the Personnel Director in consultation with the appropriate department head, with the final approval of the City Manager.
2.8 Eligibility List
The Personnel Director shall maintain a list of qualified applicants not immediately selected for the position for which they applied. When openings in the same or comparable job classifications occur, the Personnel Director may use the list to fill the vacancy before soliciting additional applicants. The eligibility list shall remain valid for one year.
2.9 Part_Time/Seasonal Hire
In order to process part_time and seasonal employees in an orderly and fair manner, the following procedures will be followed: a. Semi_annually the city will place advertisements in the local newspaper soliciting applications for seasonal or part_time employees.
b. Applications for seasonal or part_time work will be kept on file for one year.
c. Selected employees will be notified by the Personnel Director via the telephone when a position becomes open. It will be the applicant's responsibility to ensure that he/she is available at the phone number listed on the application.
d. Applicants with previous city employment will be given priority if recommended by the previous supervisor. A claim for previous city experience should be indicated in the "Training and Experience" section of the application.
e. Applicants with no previous city experience will be processed on a first come, first serve basis. f. All candidates for hire will be required to pass a physical examination (see 2.6 Physical Examination). Each person having a physical examination will be advised that if they terminate employment within two weeks of hire, they will be responsible for reimbursing the City for the cost of the physical exam.
g. The City will restrict seasonal hires to the following groups of people:
1) Those currently enrolled in school. 2) Those beginning or returning to school after separation from city employment. 3) Those beginning or returning to other employment after separation from city employment.
Exception to this policy will be made only when the city has exhausted the labor supply from the above sources.
h. Individuals hired will report to work in proper attire.
i. Applicants will be given a copy of this section and will be given the opportunity to read the entire Personnel Policies and Procedures Manual.
3.0 EMPLOYMENT
3.1 Orientation
On the first day of employment a new employee will complete the necessary forms at the Personnel Office. The employee's supervisor will review general work rules and policies with the new employee. Any unique hazards of the job and proper techniques of the job should also be emphasized.
New employees will be trained regarding hazardous chemicals in the workplace according to the Written Hazard Communication Program as required by the Michigan Right to Know Law.
3.2 Residency
Whenever practicable, the City will hire residents of the City of Escanaba. It is recognized that from time to time certain positions of a technical or administrative nature will not produce an adequate field of selection locally, and in such cases, the City Manager may authorize recruitment from outside the city.
Residency within fifteen (15) road miles of the corporate limits of the City of Escanaba is required of all employees within six months of the date of hire. City employees, except the City Manager, who do not reside within 15 road miles of the corporate City limits of Escanaba within a time period allowed will be discharged. 3.3 Probationary Period
Seasonal and part-time employees do not serve a probationary period and are considered to have an "at will" employment relationship with the City of Escanaba. This means that just as any seasonal/part-time employee may terminate their employment with the City of Escanaba at anytime, for any reason or no reason, so may the City of Escanaba terminate an employee at anytime, for any reason or no reason.
* Permanent employees are to consult their respective agreement concerning the probationary period.
Non-Union employees, except department heads, will serve a six month probation period and will have a "just cause" employment relationship with the City. This means that an employee shall not be discharged except for "just cause".
Department Heads do not serve a probationary period and are considered to have an "at will" employment relationship with the City of Escanaba. This means that just as any Department Head may terminate their employment with the City at anytime, for any reason or no reason, so may the City of Escanaba terminate a Department Head at anytime, for any reason or no reason.
Appeal Process: If an employee believes that the City's policies have been violated and/or an injustice has been done by said termination, said employee may appeal the decision by filing a written complaint to the City Manager. The City Manager will again review the circumstances as outlined in the written appeal and will respond to said appeal within seven (7) days. The final decision will be made by the City Manager.
3.4 Seniority
* Permanent employees must consult their appropriate labor agreement concerning seniority.
Seasonal and part_time employees do not accrue seniority.
3.5 Loss of Seniority
* Permanent employees must consult their appropriate agreement.
3.6 Promotion
* Permanent employees must consult their appropriate agreement. 3.7 Transfer
When a position vacancy occurs in the city organization, notice of the opening is posted at all city work stations. Notices of vacancies are posted for seven working days prior to public notice. Circumstances may necessitate having the internal posting and public notice concurrently. To be considered for a transfer, interested employees must apply in writing to the Personnel Director within the seven day period. Transfers will be based on the employee's ability and qualifications as determined by the city. Employees who transfer have no right to return to the former classification if they cannot properly perform the new position's duties.
In the event no suitable candidate is selected during the seven day period, the recruitment procedure will be followed. (see 2.2 Recruitment)
3.8 Layoff Procedure
In the event the staffing of the City of Escanaba has to be reduced, the following procedures will be followed:
a. Specially funded employees will be laid off in accordance with applicable regulations.
b. Seasonal/Part_time employees will be laid off at the determination of the City Manager.
c. Union employees will be laid off in accordance with their respective union agreement.
d. Non_union employees will be laid off in accordance with the needs of the City.
3.9 Recall Procedures
a. Union employees will be recalled in accordance with the applicable union agreement.
b. Non_union employees will be recalled by the City Manager based on their qualifications to assume the position for which they are being recalled. 3.10 Personnel Records
Each employee will have a separate personnel file containing all of his/her personnel records. All personnel records will contain employment application, beneficiary report, disciplinary history, doctor's note for sick leave, record of physical examination, record of positions held, letters of commendation, record of leaves _ sick, vacation, funeral leave, leave of absence, insurance record, and retirement information and other relevant information not prohibited by state law. Employees are requested to notify the Personnel Director of any changes in their dependent status, address or person to notify in case of an emergency.
The personnel files are maintained by the Personnel Director and may be viewed by the City Manager, Confidential Secretary, and Personnel Director. Department Heads need permission of the Personnel Director to view their respective employee's files. Employees are given the opportunity to periodically review their records in accordance with state statue. Information contained in the employee's personnel file will be released to others only upon the employee's written authorization or as provided for by state law. Personnel files shall be kept no less than three years after termination.
Reference checks from prospective employers regarding former or current city employees must be referred to the Personnel Department.
4.0 HOURS OF WORK
4.1 Standard Work Day
* Permanent employees are to consult their appropriate agreement or handbook.
Non-Union permanent employees will work a standard 8 hour day and the work week will be 40 hours.
4.2 Recording of Hours
Employees may be required to complete daily time logs. It is the department head's responsibility to review and audit the time logs to assure they are completed properly. The department head will forward the time logs to the Controller's Office.
4.3 Absence
An absence may be excused or unexcused. An employee is considered to have an unexcused absence if he/she is not present for work during the prescribed department work hours, including reporting for work late or returning late from lunch or rest breaks, if he/she has not received advance permission for the absence. If the department head determines that the employee's absence is due to illness, injury, or some other reasonable cause, the time of absence will be charged to an appropriate leave. If the department head determines the employee's absence is unexcused, the employee will not be paid for time not worked and will be subject to disciplinary action.
An employee is considered to have resigned if he/she is absent without approval or proper notice for more than three consecutive work days, fails to return from a layoff within the prescribed time, or fails to return from an approved leave of absence at the designated time.
If an employee is to be absent, the department head must be notified no later than fifteen minutes after the start of the employee's work day. Continued failure to notify the City within the time period will result in disciplinary action.
4.4 Severe Weather
If dangerous or severe weather conditions prevent an employee from getting to his/her work station, the employee will have the option to charge the absence to either vacation leave, compensatory time, or time off without pay. The City Manager must concur that a severe weather condition existed.
An employee may leave work early if dangerous or severe weather conditions are present. The department head, before allowing the employee to leave early, must verify with the City Manager that a severe weather condition exists. The time of absence may be charged to either vacation time, compensatory time, or time off without pay.
4.5 Fair Labor Standards Act
The Fair Labor Standards Act sets minimum wage and overtime compensation standards for all city employees, except those who hold positions which are exempt from the overtime provisions of the law. The City Manager is responsible for determining which positions are exempt based on criteria set by law. A list of exempt positions is shown in Appendix A.
4.6 Overtime, Compensatory Time and Premium Pay
* a. Non_exempt Employees
Non_exempt union and non_exempt non_union permanent employees are to consult their appropriate agreement or handbook concerning overtime and premium pay.
Seasonal and part_time employees will be paid time and a half for all hours worked in excess of 40 hours per week. A permanent employee may receive compensatory time off in lieu of an overtime payment. The accrual of compensatory time is limited to specific maximums. Employees should consult their appropriate agreement or handbook for these limitations.
A seasonal or part_time employee will receive one and a half times his/her hourly wage for work performed on a city observed holiday based upon his/her normal work day.
A seasonal or part_time employee who has worked more than 2,080 hours within a two year period will be eligible to receive holiday pay based on his/her "normal" work day.
b. Exempt Employees
An exempt employee will not be granted additional wages or compensatory time for hours worked in excess of the standard work day or work week or work performed on a city designated holiday or Sunday.
5.0 CLASSIFICATION AND COMPENSATION
5.1 Job Descriptions
Current job descriptions are maintained by the Personnel Director for all positions. Each job description contains a descriptive title, a summary of responsibilities, a list of typical duties, and responsibilities. The job descriptions are intended to describe the general nature and level of the work being performed. They are not an exhaustive list of all job duties performed, as other duties may be assigned as needed.
If an employee feels his/her job duties have changed and a new job description should be written, the employee should make the request through the department head. The department head will forward the request to the Personnel Director who will decide whether the job description should be revised. Final approval will be given by the City Manager.
Job descriptions for all positions are on file and available for review by employees.
5.2 Job Classification
All positions are classified according to the duties and responsibilities listed in the job description and assigned to a salary range.
5.3 Payroll Procedures
The pay period is two weeks and begins on Monday and ends on Sunday. Paychecks are available on Friday or earlier at the convenience of the Controller's office. The department head is responsible for picking up the paychecks at the Controller's Office and distributing them to the employees in his/her department. Payroll deductions are made as required by federal and state law or court order. Deductions for union dues, savings bonds, or charitable donations can be made by the employee's written authorization. Employees will be allowed one deduction for deposits to a local financial institution that has demand accounts. Deductions must be by written authorization from the employee noting the amount to be deducted and name of the financial institution to which the check is to be forwarded.
If a scheduled payday falls during an employee's vacation, the employee or a designated person may pick up the paycheck, if ready before leaving on vacation, by making prior arrangements with the Controller's Office.
5.4 Garnishment of Wages
Garnishment of wages may occur if an employee fails to pay a debt for a financial obligation. The City would be directed by a court order to deduct a certain portion of the wage from the paycheck and forward it to the creditor.
6.0 SAFETY
6.1 Policy
It is the policy of the City of Escanaba to provide a healthy and safe place to work for each and every city employee. The City of Escanaba shall abide by and enforce all safety and health regulations as set forth by federal, state, and local governments. All city employees are urged to utilize good safety and health practices as dictated by job, location, and circumstances.
6.2 Operation of Vehicles
Employees shall use lap and shoulder belts when driving or riding in city vehicles that are equipped with these devices. Vehicles are to be operated in a safe manner consistent with weather and road conditions. Operating or riding city owned vehicles or equipment in an unsafe manner is grounds for immediate discharge.
Individual department heads are responsible for ensuring that only employees in possession of a current Michigan driver's license operate city vehicles. Satisfactory driving records will be maintained by employees required to operate municipal vehicles. The following standards will be applied in judging a satisfactory or unsatisfactory driving record. The following items will be used as grounds for rejecting new employees whose duties involve the driving of municipal vehicles, and the standards will be applied to current employees in terms of continuing to operate municipal vehicles:
1. Driver's license suspension. 2. Three at-fault accidents within two years. 3. Ten or more points within two years. 4. Conviction of felonious use of a vehicle. 5. Conviction of at-fault accident resulting in death. 6. Conviction of operating a vehicle while under the influence of alcohol or drugs. 7. Conviction of fleeing the scene of an accident. 8. Conviction of fleeing from a police officer. 9. Conviction of reckless driving.
6.3 Commercial Drivers License
Employees required to hold a Commercial Drivers License as part of their job are required to comply with the City of Escanaba Combined Drug/Alcohol Substance Abuse Testing Policy that went into effect January 1, 1996. Testing procedures are specified in Department of Transportation Regulation, Procedures for Transportation Workplace Drug and Alcohol Testing Program (49CFR, Part 40).
6.4 Clothing
Employees working in or around moving equipment must not wear loose fitting clothing, necklaces, watches, rings, bracelets, scarves, or any other type of clothing or jewelry that could become entangled in or catch on such equipment.
6.5 Hard Hats
Safety helmets must be worn by all employees in areas where conditions warrant the use of safety helmets as prescribed by MIOSHA regulations.
Employees of the Public Works, Water, Wastewater, Electric Departments and the Engineering Survey Crew are furnished and assigned safety helmets. Other employees who have occasion to be in areas where safety helmets are required should request them from the Purchasing Department. 6.6 Safety Glasses
All employees are required to wear industrial safety glasses when involved in work which could cause an eye injury. The industrial safety glasses must be worn whenever an employee is:
a. in the city garage; b. welding, hammering, sawing, cutting, digging, handling materials or chemicals; c. when in close proximity to the above listed duties; d. when in the storage area of the city stockroom; or, e. whenever job duties involve a danger of eye injury.
The City will provide safety glasses to employees (see 13.9 Safety Glasses).
6.7 Injury
All on_the_job injuries must be reported by the injured employee to the immediate supervisor. Injuries must be reported as soon as practicable, but no later than the end of the shift in which the injury occurred.
Supervisory personnel and the employee injured are to complete an accident report and submit it to the Personnel Department. Copies of the accident report will be forwarded to the Controller's Office and the Chairman of the Municipal Safety Committee for review. Accident reports must also be made out for all sick leave that is job related, since MIOSHA regards the cause of job related sickness as a recordable occupational hazard.
6.8 MIOSHA
The city will follow all MIOSHA guidelines and regulations for safety and health. Disregard of MIOSHA guidelines and regulations may subject an employee to disciplinary action.
7.0 PERSONNEL REGULATIONS
7.1 Political Activity
Employees have the right to participate in political activities. However, an employee whose position is funded by a federal grant or an employee under a federal program may not be a candidate for a partisan elective office. Employees who become candidates for a city office must request a leave of absence without pay at the time he/she complies with the candidacy filing requirements, or 60 days before the appropriate election, whichever date is closer to the election. Employees elected to a city office must resign from their position or take a leave of absence for the length of the elected term. Employees may neither use their city position for any political purpose nor engage in political activities during working hours. Banned political activities during working hours include soliciting political contributions, displaying political bumper stickers or posters on city vehicles or property, or distributing political materials.
7.2 Employment of Relatives
Employment of current members of an employee's immediate family will not be permitted within the same department. For the purpose of this policy only, immediate family is the employee's spouse, children, stepchildren, mother, and father.
No favoritism or prejudice will be shown an applicant because he/she is related to a present city employee. The applicant will compete in the same manner as all other applicants.
7.3 Outside Employment
Employees may accept employment in addition to their work with the city provided:
a. Such employment will not constitute a conflict of interest with the employee's duties, and
b. Such employment does not interfere with the employee's job with the city.
Employees are encouraged to discuss any possible outside employment that may be a conflict of interest with the Personnel Director.
7.4 Pets or Other Animals On_the_job
No pets or other animals of any kind are to be brought to, kept at, or delivered to any city job location by any employee at any time.
7.5 Non_Work Related Activities
Employees are not to engage in non_work related activities, such as hobby craft, pleasure reading, game playing, private car washing, and the like, during working hours. No restrictions are placed on employees during approved rest and lunch breaks.
7.6 Personal Use of Telephones and Photocopier
When it becomes necessary to place long_distance calls not properly payable from city funds, the department head will be held responsible for collection of charges from the person making the call. The collected money will be submitted to the Treasurer's office. Employees may place and receive personal telephone calls during working hours provided the calls are infrequent and not bothersome to departmental employees. The department head will be the sole judge of any abuse of this privilege.
7.7 Drug-Free Workplace Policy
This is to reiterate and state in a formal policy the work related effects of alcohol and drug use and the unlawful possession of controlled substances on City of Escanaba premises. The City of Escanaba policy is as follows:
a. City of Escanaba employees are expected and required to report to work on time and in appropriate mental and physical condition for work. It is the City's intent and obligation to provide an alcohol/drug-free, healthful, safe, and secure work environment.
b. All City employees are forbidden to use or possess alcohol or illegal drugs at any time during the work day anywhere on City premises. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on City premises or while conducting City business off of City premises is absolutely prohibited. Violation of this policy will result in disciplinary action, up to and including termination, and may have legal consequences.
c. The City of Escanaba recognizes drug and alcohol dependency as an illness and a major health problem. The City also recognizes alcohol and drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use local substance abuse counseling agencies and employees' health insurance plans, as appropriate. Conscientious efforts by employees to seek such help will not jeopardize any employee's job. Confidential assistance in seeking such help can be obtained through the Personnel Department.
d. Employees must, as a condition of employment, abide by the terms of the above policy and report any conviction under a criminal drug statute for violations occurring on or off City of Escanaba premises while conducting City business. A report of a conviction must be made within five (5) days after the conviction. (This requirement is mandated by the Drug-Free Workplace Act of 1988).
7.8 Personal Employee Problems
Since personal problems associated with alcohol or drug abuse can affect employee's health, family, and job performance, the city encourages any employee affected by these problems to seek available private or public counseling resources in the community. Employees are also encouraged to contact the Personnel Department if you need confidential assistance in obtaining local services.
Employees should also be aware of the Personal Care Program (offered through our health insurance program). Personal Care is a confidential program designed to address a broad range of personal problems, such as alcohol or drug dependency, mental health care, emotional stress, depression, or problems related to family or child care. The goal of Personal Care is to tailor each treatment plan according to your specific needs. This is done through an in-depth assessment along with counseling and referral services. Employees utilizing the Personal Care Program through the Wisconsin Health Fund are required to contact the Personal Care Program prior to obtaining any inpatient or outpatient care to receive full benefits related to: drug abuse or dependency, alcohol abuse or dependency, mental health care. Contact can be made with the Personal Care Program by calling 1-800-233-4960 twenty-four (24) hours a day. When a call is made to this number, advise that you are a Wisconsin Health Fund participant and are interested in the Personal Care Program.
7.9 Smoking Policy
Statement of Policy - In the interest of providing a safe and healthy environment for employees, customers, and visitors, and in accordance with the Michigan Clean Indoor Air Act, the following policy has been adopted:
As of July 1, 1994, smoking is prohibited throughout city facilities except in designated smoking areas identified by "smoking permitted" signs.
Notice of Policy - The success of this policy depends upon the thoughtfulness, consideration, and cooperation of smokers and nonsmokers. All employees share in the responsibility for adhering to and enforcing this policy.
Prominent signs displaying the following statement are posted at all building entrances:
Smoking is prohibited except in designated smoking areas, pursuant to the Michigan Clean Indoor Air Act.
Designated "Smoking Permitted" Areas - The "Smoking Permitted" areas are marked with prominent signs. Smoking is permitted in these areas only.
Special Consideration - Supervisors will provide special consideration to employees who have identified themselves as having a hypersensitivity to tobacco smoke. Examples of action that may be taken are:
# Prohibit smoking in and around the hypersensitive person's work area and in areas where this individual is expected to go.
# Locate smoking areas outside of the building or away from non-smokers. Enforcement of Policy/Complaints - Persons observing a violation of this policy should bring it to the attention of their supervisor or to the Personnel Department. The right of the nonsmoker to protect his/her health and comfort will prevail over an employee's desire to smoke.
Investigations - Supervisors or the Personnel Director receiving a complaint will investigate and take action to resolve the issue as soon as possible.
Violators - Persons found to have violated this policy will be subject to disciplinary action.
NOTE: Locations that may be considered for designation as "smoking permitted" areas include the following: Outdoor areas, empty rooms, and areas either infrequently used by nonsmokers or those large enough to accommodate both smokers and nonsmokers. The following should NOT be designated as smoking areas: Any area in which a fire or safety hazard exists; any area where smoking is prohibited by the local fire marshall or other law; confined spaces of general access, such as elevators, copy rooms, classrooms, conference and meeting rooms, auditoriums, libraries, restrooms, stairways, corridors, hallways, lobbies, and entryways.
8.0 GENERAL REGULATIONS
8.1 Traffic Violation Summons to City Employees
All traffic violation summons received by city employees while operating city vehicles will be paid for by the employee. Whenever a Public Safety Officer issues a traffic summons to a city employee on duty, the officer will prepare a report of the incident and submit it to the City Manager. In the event a "special" set of circumstances arises in a particular case, the City Manager will make a final determination as to whether or not the city will pay the cost of the summons. The report will assist the City Manager in determining if any unusual set of circumstances contributed to the employee receiving the summons.
8.2 Long Distance Business Telephone Calls
Charges for collect incoming calls will not be accepted until it is determined that the calls pertain to city business or that the individual being called will reimburse the city for the charge. The department head will be responsible for collecting the charge for personal collect calls. The collected money will be submitted to the Treasurer's Office.
In the interest of economy, all persons authorized to make long distance calls should consider the feasibility of using other more economical means of communication, such as: letter, special delivery letter, night letter telegram, and day letter telegram.
8.3 Use of City Equipment
The City of Escanaba will not lend, rent, or otherwise cause city equipment to be utilized for any purpose other than the performance of official city duties unless a duly authorized work order has been issued.
8.4 Stockroom Purchases
The following groups of persons are authorized to purchase items in the stockroom:
a. Permanent city employees; b. Retired city employees; c. Escanaba Housing Commission; d. Other governmental agencies authorized by the City Manager; and e. Other _ if the articles purchased are necessary for the installation or maintenance of utility services according to city standards and materials are not available from local private sources.
All sales will be for cash at the time of purchase with a minimum sale of $1.00. All employee private purchases will be subject to a 20 cent charge per purchase to defray administrative costs. Purchases by those in the "other" category will be subject to a 15% charge or $1.00, whichever is greater. Items must be picked up at the stockroom by the purchaser or his/her agent. The items purchased must be for the employee's private use and are not to be resold or used in any commercial activity. Employee purchases will be between the hours of 9:00 a.m. and 10:00 a.m. Working employees will receive preference over salesmen and bookwork in progress in the stockroom.
Items not regularly used for city business will not be carried in stock. Personal orders for items not in stock will not be accepted. Private orders will never be placed on city letterhead.
All purchases, except of an emergency nature, will be made with the prior approval and knowledge of the Purchasing Agent. Services, as well as goods, must be previously authorized by Purchase Order through the Purchasing Agent. It will be the responsibility of the placer of the order to furnish the proper account numbers. Receiving reports will be properly signed and verified. Whenever possible, requisitions should be written by the persons receiving the merchandise.
With the exception of stockroom purchases, city employees are prohibited from purchasing city property. This prohibition includes, but is not limited to, the sale of city property by auction or by sealed bid. Personal items (for example, P.S. uniforms and shoes, holsters, etc.) may be purchased by city employees, but only when they have been returned to the Purchasing Department, where a fair market value will be established by the Purchasing Agent.
8.5 Additional Regulations
All existing administrative regulations are hereby incorporated into this manual. From time to time, new administrative or general regulations will be established by the authority of the City Manager.
9.0 TRAVEL POLICY
9.1 Approval
The City Manager is authorized to grant permission for out_of_state trips and conferences. All out_of_town travel must have the prior approval of the City Manager. Department heads will go directly to the City Manager for permission, while employees will go to their department head who will solicit the approval from the City Manager. The request should be presented in memo form, detailing the purpose, destination, mode of travel, estimated cost, and dates of departure and return.
9.2 Mileage
City officials and employees who use their personal vehicle for official city business shall be reimbursed at the current established rate as approved by the City Manager. (See appendix C).
If a city_owned vehicle is available for the trip, then the official or employee shall not be reimbursed for an amount greater than the cost of operation of the city_owned vehicle.
9.3 Meals
When attending to city business, officials and employees will be reimbursed for actual expenses for meals and lodging within the amounts shown on the applicable current meal reimbursement schedule available at the Controller's office. (See Appendix C). Employees are requested to review the schedule before going on their trip. Claims for meal expenses that are below the amounts shown on the reimbursement schedule will not require a receipt for meals. Receipts for meal expense in excess of the amounts must be submitted with the travel expense voucher. 9.4 Lodging
Officials and employees will be reimbursed for the actual cost of lodging on approved out_of_town travel. Receipts for lodging must be submitted with the travel expense voucher.
When an employee, on travel status, shares a hotel or other lodging with other travelers, reimbursement to the traveler will be as follows:
a. If hotel or other lodging is shared with one or more travelers who receive no travel reimbursement from the city, reimbursement will be at the single occupancy rate of the hotel or motel, regardless of the number of persons and/or rooms occupied. The single occupancy rate should be noted on the receipt.
b. If hotel or other lodging is shared with one or more city officials or employees, reimbursement will be a proportionate amount of the bill, based on the number of persons occupying the room. It is encouraged, where feasible, that travelers share the same room.
9.5 Gratuities
Reimbursement for gratuities for meals and lodging shall not exceed 15% of a valid charge.
9.6 Other Expenses
Only those expenses directly incidental to the trip will be reimbursed. Under no circumstances will expenses of a personal nature be included in a charge against public funds.
9.7 Travel Expense Voucher
Expense vouchers, available from the Controller's Office, are to be completed to include the following information:
a. Date and time of departure from Escanaba. b. Date and time of arrival in Escanaba. c. Nature of business. d. Destination. e. Total distance traveled in miles. f. Record of all meals, lodging, and other expenses incurred on the trip. g. Amount of travel advance, if any.
Travel vouchers are to be submitted to the Controller's Office within 5 working days after returning from the trip. All vouchers are reviewed by the City Manager before payment of expenses is made. 9.8 Travel Advance
Based on the cost estimate of the trip, advance money can be obtained at the utility window.If the cash request is in excess of $200, the Controller's Office should be notified a week to ten days in advance. A check from the Controller's Office will be issued. The amount of advance must be noted on the travel voucher.
If unexpended funds remain, they must be turned in to the Treasurer's Office and the voucher initialed by the clerk to serve as proof of cash returned.
9.9. Payment for Travel Expense
Employees will be issued a separate check to cover the travel expenses incurred if the travel advance was too small. Reimbursement will be made after the travel expense voucher is reviewed by the City Manager, usually about two to three weeks.
9.10 Expenses for Husbands and Wives
Expenses for husbands or wives of employees who attend conferences or conventions out of the city shall not be paid from public funds.
10.0 DISCIPLINE PROCEDURES
* Purpose: To outline the disciplinary and appeals procedures the City of Escanaba will follow in dealing with employee misconduct or poor performance.
In an effort to help supervisors help employees correct problems, the following guidelines will be utilized:
a. Violations of work rules, instances of unacceptable behavior or misconduct, or continued poor performance will be subject to progressive discipline. This means that employees will be assessed discipline that becomes increasingly severe each time an offense is repeated or a performance improvement is not forthcoming. However, some types of misconduct are so intolerable that employees may be disciplined by termination at the first occurrence. These include, but are not limited to, physical attacks on supervisors or co-workers, falsification of an employment application or other work documents or records, theft, willful property damage or use or possession of alcohol or illegal drugs on the job. b. The first step in the City of Escanaba's progressive disciplinary system is the "oral warning." This is an oral warning to erring employees that their conduct is unacceptable and that further infractions will lead to more severe penalties. In cases involving performance deficiencies, employees will first be counseled by their supervisors and told which improvements are needed before they are subject to an oral warning. A notice of the warning will be placed in the employee's file. Removal of the warning will be done only in accordance with applicable contract language. c. The second step is a "written reprimand." This reprimand will describe the unacceptable conduct or performance and specify the improvements needed. A copy of this reprimand will be retained in the employee's personnel file. Removal of the reprimand will be done only in accordance with applicable contract language. d. The third step is an unpaid suspension. The length of suspensions will vary, based on such factors as the severity of the offense and the employee's performance and disciplinary record. Employees may be suspended for repeated instances of minor misconduct or for a single serious offense. A record of the suspension will be retained indefinitely in the employee's personnel file. e. Employees who fail to improve their conduct or performance after imposition of a disciplinary suspension may be discharged. f. Before imposition of any discipline, employees will be given an opportunity to relate their version of the incident or problem at issue and provide any explanation or justification they consider relevant. Employees will be allowed to have their Union Steward present at any disciplinary discussion. g. Supervisors must obtain approval of all disciplinary measures more severe than an oral warning from their Department Head. h. Employees who think they have been disciplined unfairly, too harshly, or inappropriately may appeal the disciplinary action in accordance with the grievance procedure from the appropriate contract. i. Employees who commit acts of violence or serious safety violations may be suspended at the time of the incident, pending a management investigation and review of the matter. Workers who are found not culpable or are otherwise cleared of charges pending against them will be reinstated with full back pay and no loss of benefits or seniority. Employees who are found guilty of the charges against them may be disciplined up to, and including, discharge from employment. 11.0 GRIEVANCE PROCEDURE
* Permanent employees are to refer to their agreement for the applicable grievance procedure. Seasonal and part_time employees may take any work related problems or complaints to their department head. The department head will resolve the problem.
12.0 SEXUAL HARASSMENT
Listed below is the City of Escanaba Sexual Harassment Policy. The policy provides guidance on what type of conduct is unacceptable and a complaint procedure if employees feel they are victims of sexual harassment. Please call the Personnel Department if you have any questions about this policy.
No employee shall be subjected to sexual harassment by another employee during the course of employment.
For the purpose of this policy, sexual harassment is unwanted conduct of a sexual nature which adversely affects another person's conditions of employment and/or employment environment. Such harassment includes, but is not limited to:
I. CONDUCT
A. Repeated or continuous conduct which is sexually degrading or demeaning to another person.
B. Conduct of a sexual nature which adversely affects another person's continued employment, wages, advancement, tenure, assignment of duties, work shift, or other conditions of employment.
C. Conduct of a sexual nature that is accompanying by a threat, either expressed or implied, that continued employment, wages, advancement, tenure, assignment of duties, work shift, or other employment conditions may be adversely affected.
II. COMPLAINT PROCEDURE
To stress the City of Escanaba's strong opposition to sexual harassment and identify the complaint procedures available to victims, as well as disciplinary penalties that could be imposed for sexually harassing conduct or behavior, the following guidelines will be used: A. The City will not condone any sexual harassment of its employees. All workers, including supervisors and managers, will be subject to severe discipline, up to and including discharge, for any act of sexual harassment they commit.
B. Employees who feel victimized by sexual harassment should report the harassment to their supervisor immediately. If the worker's immediate supervisor is the source of the alleged harassment, the employee should report the problem to the supervisor's superior. If a supervisor is the victim, and the source of the alleged harassment is another supervisor, the employee should report the problem to the City Manager or City Attorney. C. Supervisors who receive a sexual harassment complaint should carefully investigate the matter, questioning all employees who may have knowledge of either the incident in question or similar problems. Both the complaint and the investigative steps and findings should be documented as thoroughly as possible. Confidentiality of the victim will be maintained whenever possible.
D. Employees who are dissatisfied with the investigating supervisor's resolution of a sexual harassment complaint may file a grievance as outlined in the union contract. No employee will be subject to any form of retaliation or discipline for pursuing a sexual harassment complaint.
13.0 TERMINATION
13.1 Resignation
An employee who resigns from city employment must give written notice to the department head. The department head shall forward the employee's written notice of resignation to the Personnel Director to be placed in the employee's personnel file. The City would expect at least a two week notice of termination.
13.2 Discharge
A permanent employee to be terminated for disciplinary reasons will be given notification from the City Manager with termination effective immediately. A seasonal and part_time employee will be discharged by his/her department head.
13.3 Retirement
In compliance with the Age Discrimination Employment Act (ADEA), the City does not have a mandatory retirement age. Retirement benefits shall be in compliance with union contracts and as specified in the personnel manual. 13.4 Benefits Accruing to Terminating Permanent Employees
The final paycheck for terminating permanent employees shall contain all due compensation and benefits accrued (see Appendix B). Terminating employees may be eligible for unemployment compensation and continued coverage of the Health and Hospitalization Insurance (see Appendix B).
13.5 Exit Interview
A permanent employee leaving the city's employ for any reason is required to have an exit interview with the employee's department head. An exit interview form will be completed and kept in the employee's personnel file. If an employee does not wish to give a reason for leaving, the fact will be noted on the form.
If the employee is not available for an exit interview, the form must still be completed noting the employee was unavailable for the interview.
The Personnel Director will prepare a written summarization of the reasons for an employee leaving. This will be placed into his/her personnel file. The employee will sign this statement indicating the last day he/she worked.
14.0 EMPLOYEE BENEFITS
* Permanent employees should consult their appropriate agreement or handbook concerning policies and procedures for the following benefits:
Holidays Leave of Absence Vacation Longevity Payment Sick Leave Retirement Bonus Funeral/Emergency Leave Retirement Plan Insurance
14.1 Jury Duty
An employee will be excused for jury duty. A permanent employee will receive his/her regular pay provided the juror check is endorsed to the city. The employee may choose to take annual leave if he/she desires and retain all of the jury duty pay. A seasonal or part_time employee will be paid for time worked and not for any time spent for jury duty.
14.2 Military Leave
Any employee who is a member of a military reserve unit or a member of the Michigan National Guard and is ordered to participate in training sessions and/or perform state emergency duty shall be granted military leave. The leave will be without pay. 14.3 Life Insurance
All permanent full_time employees will be covered by a term_life policy, double indemnity, covering the employee only.
14.4 Worker's Compensation Insurance
All employees are covered by Worker's Compensation Insurance for disability or death as a result of accidental injuries or occupational diseases suffered in the course of employment. All injuries, even minor ones, must be immediately reported to the department head. Worker's Compensation Insurance will provide medical, surgical, and hospital services as provided by state statue or contract for compensable injuries.
14.5 Education Benefits
Permanent employees desiring reimbursement for education must make written application to the Personnel Director before the start of classes. Reimbursement will not be granted if the application is made after the start of classes. To be eligible for reimbursement, the employee must show that the course is job_related with final judgment of the relevance reserved to the City Manager. Classes must be successfully completed by the applicant. A report of grades or completion of course work must be furnished to the Personnel Director. The city will reimburse the following expenses: tuition, required reading materials, and required supplies. No reimbursement will be granted for travel expense, meals, other personal expenses, or expenses reimbursed by another source or sources such as: scholarships, grants, fellowships, veteran's benefits, gifts, and donations. Educational loans are not included in the category of "other sources". No compensatory time, overtime or other consideration will be granted to employees taking job related course, or other courses, not required as a condition of employment. As a part of the application for reimbursement, the applicant will be required to sign an affidavit confirming the following:
a. That the employee is requesting reimbursement for a job related course of study;
b. That the employee is requesting reimbursement only for allowable expenses not already reimbursed, or expected to be reimbursed, from any other source;
c. That the employee will reimburse the City all aid granted should the employee fail to obtain a passing grade(s) or drop out of the class(es); and
d. That the employee will reimburse the City all aid granted should the employee leave or be discharged from city employment prior to completion of the class(es).
14.6 Employee Purchasing Employees are allowed to make private purchases at the city stockroom (see 8.4 Stockroom Purchases).
14.7 Uniforms
City mechanics are issued coveralls to be used during working hours in the garage area.
The city furnishes Public Safety Officers uniforms, shoes, and boots. Old articles of clothing and equipment shall be turned in to the Captain in order to receive replacement of articles or clothing.
14.8 Safety Glasses
Nonprescription industrial safety glasses will be provided free of charge by the city. Employees are to sign them out at the Purchasing Office.
Since the city recognizes that some employees require the use of prescription safety glasses, the city will financially assist employees who need prescription industrial safety glasses to the following extent:
a. The city will pay a maximum of $15 toward the cost of an examination for single vision lenses.
b. The city will pay a maximum of $17 toward the cost of a examination for bifocal or trifocal lenses.
c. The city will pay a maximum of $15 toward the purchase of the glasses.
The City of Escanaba currently has optical insurance that covers examinations/glasses. Under no circumstance will the reimbursement under this provision exceed the employee's out of pocket expense.
Employees may receive an eye examination for industrial safety glasses from a qualified person of their choice.
All prescription industrial safety glasses must be ordered through the Purchasing Department. Employees needing prescription safety glasses will procure the necessary forms from the Purchasing department before going for an eye examination.
Industrial safety glasses, both prescription and nonprescription, lost, damaged, or broken shall be the responsibility of the employee. Replacement will be entirely at the employee's expense, unless investigation proves the employee faultless.
When prescription industrial safety glasses must be replaced due to normal wear, the city will participate financially to a total of $20 for the eye examination and glasses. Nonprescription glasses that need to be replaced due to normal wear may be obtained free from the Purchasing Department.
14.9 Retirement Plan
All permanent employees, except Public Safety Officers, are covered under the Michigan Municipal Employee's Retirement System (see appropriate contract for benefit level). Permanent employees, age 60 or older with ten years of service, or persons age 55 or older with 30 years of service, may retire and receive a Straight Life Service Retirement Allowance. Provisions concerning the retiree's benefits, deferred retirement, and beneficiary payment options are outlined in the Michigan Municipal Employee's Retirement System booklet available from the Personnel Department. Further information concerning the retirement plan may be obtained from the Personnel Department.
Public Safety Officers are covered under the Act 345 retirement plan. Those employees age 50 years or older with 25 years of service, or age 60 years or older, may retire and receive benefits. Provisions concerning the retiree's benefits and beneficiary payment are outlined in the Act. Further information concerning the plan may be obtained from the City Treasurer's Office.
14.10 Transfer of Retirement Benefits
The city will not assume retirement obligations incurred with a different retirement program for a new employee. An exception may be made when it is deemed in the best interest of the city and negotiated prior to hire.
15.0 FAMILY AND MEDICAL LEAVE ACT
Statements of Policy: General. As provided by the 1993 Family and Medical Leave Act (FMLA), all eligible employees shall be entitled to take up to 12 weeks of unpaid, job- protected leave during any 12 month period for specified family and medical reasons.
Covered Family and Medical Reasons: An eligible employee shall be entitled to 12 weeks of unpaid leave during a 12-month period for one or more of the following reasons:
1. The birth or placement of a child for adoption or foster care; 2. To care for an immediate family member (spouse, child, or parent) with a serious health condition; or, 3. To take medical leave when the employee is unable to work because of a serious health condition.
4. A serious health condition, which shall be defined as an illness of a serious and long-term nature resulting in recurring or lengthy absences. Treatment of such an illness would occur in an in-patient situation at a hospital, hospice, or residential medical care facility, or would consist of continuing care provided by a licensed health care provider.
An employee may take leave if a serious health condition makes the employee unable to perform the functions of his/her position. Employees with questions about whether specific illnesses are covered under this policy or under the City's sick leave policy are encouraged to meet with the Personnel Director.
Employee Eligibility: An employee shall be entitled to family leave when he/she meets the following criteria:
1. The employee has worked for at least twelve months for the City. The twelve months need not have been consecutive. (If the employee was on the payroll for part of a week, the City will count the entire week. The City considers 52 weeks to be equal to twelve months).
2. The employee has to have worked for the City for at least 1,250 hours over the twelve months before the leave would begin.
3. When both spouses are employed by the City, they are jointly entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, and to care for a parent who has a serious health condition.
Calculation of Leave: Eligible employees can use up to twelve weeks of leave during any twelve month period. For the purpose of designating a twelve month period, each calendar year from January 1st to December 31st will be the designated period.
Maintenance of Benefits: An employee shall be entitled to maintain group health insurance coverage on the same basis as if he/she had continued to work at the City. If an employee informs the City that he/she does not intend to return to work at the end of the leave period, the City's obligation to provide health insurance benefits ends. If the employee chooses not to return to work for reasons other than a continued serious health condition, the City will require the employee to reimburse the City the amount the City contributed towards the employee's health insurance during the leave period.
Other benefits such as the accrual of seniority will not continue during leave. However, the use of family or medical leave will not be considered a break in service when vesting or eligibility to participate in benefit programs is being determined.
Job Restoration: An employee who utilizes family or medical leave under this policy will be restored the same job or a job with equivalent status, pay, benefits and other employment terms.
The City may choose to exempt certain highly compensated, "key" employees from this job restoration requirement and not return them to the same or similar position at the completion of FMLA leave.
Employees who may be exempted will be informed of this status when they request leave. If the City deems it necessary to deny job restoration for a key employee on FMLA leave, the City will inform the employee of its intention and will offer the employee the opportunity to return to work immediately.
Use of Paid and Unpaid Leave: If an employee has accrued paid leave of less than twelve weeks, the employee will use paid leave first and take the remainder of the twelve weeks as unpaid leave.
Employees who apply for family or medical leave under FMLA are required to use all applicable paid leave including sick leave, personal leave, vacation leave and payment of workers compensation benefits, which are available to them during the leave period, which is available during said maximum period of twelve weeks. The family or medical leave application is retroactive to the date of the initial paid leave. This in no way limits the paid leave beyond twelve weeks when it is available to an employee.
The unpaid portion of FMLA leave will result in the discontinuance of earning additional sick leave, vacation leave, personal leave, and time earned for retirement benefits, for the time off on unpaid FMLA leave.
An employee using leave for the birth of a child will use paid sick leave for physical recovery after childbirth, with the amount of sick leave utilized being decided on a case- by-case basis. The employee then may use accrued paid vacation and personal leave, and then will be eligible for unpaid leave for the remainder of the twelve weeks.
An employee using leave for the adoption or foster care of a child will use all accrued vacation and personal leave, and then will be eligible for unpaid FMLA leave for the remainder of the twelve weeks.
Intermittent Leave and Reduced Work Schedules: In certain cases, intermittent use of the twelve weeks of family or medical leave or a part of a reduced work week may be allowed by the City. Employees wishing to use leave intermittently or to utilize a reduced work week for birth or adoption purposes will need to discuss and gain approval for such use from the employee's department head and the Personnel Department.
Employees may also use family or medical leave intermittently or as part of a reduced work week whenever it is medically necessary. If the need to use leave is foreseeable and based on preplanned and prescheduled medical treatment, then the employee is responsible to schedule the treatment in a manner that does not unduly disrupt the City's operations. This provision is subject to the approval of the health care provider.
In some cases, the City may temporarily transfer an employee using intermittent or a reduced work week to a different job with equivalent pay and benefits if another position would better accommodate the intermittent or reduced schedule.
Procedure for Requesting Leave: All employees requesting leave under this policy must complete the Family/Medical Leave form available from the Personnel Department.
When an employee plans to take leave under this policy, the employee must give the City 30 days notice. If it is not possible to give 30 days notice, the employee must give as much notice as is possible. An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to the City's operations.
While on leave, employees are requested to report periodically to the City regarding the status of the medical condition, and their intent to return to work.
Procedure for Notice and Certification of Serious Health Condition: On occasion, the City may require the employee to provide notice of the need to utilize leave (where it is possible to know beforehand) and/or may require the employee to provide certification of an employee's or immediate family member's serious health condition by a qualified healthcare provider. The employee should try to respond to such a request within fourteen (14) days of the request, or provide a reasonable explanation for the delay.
Qualified health care providers include: doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, and chiropractors, nurse practitioners and nurse-midwives authorized to practice under State law and performing within the scope of their practice under State law; and Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts.
When seeking certification of a serious medical condition, an employee should ensure that the certification contains the following:
1. Date when the condition began, expected duration, diagnosis, and a brief statement of treatment.
2. If employee is seeking medical leave for his/her own medical condition, certification should also include a statement that the employee is unable to perform the essential functions of the employee's position.
3. For a seriously ill family member, the certification should include a statement that the patient requires assistance and that the employee's presence would be beneficial or desirable.
4. If taking intermittent leave or working a reduced schedule, certification should include dates and duration of treatment and a statement of medical necessity for taking intermittent leave or working a reduced schedule.
If deemed necessary, the City may ask for a second opinion. The City will pay for the employee to get a certification from a second doctor, which the City will select. If there is a conflict between the original certification and the second opinion, the City may require the opinion of a third doctor. The City and the employee will jointly select the third doctor, and the City will pay for the opinion. The third opinion will be considered final. Appendix A
EXEMPT EMPLOYEES FROM OVERTIME PROVISIONS
Executive
Manager Librarian Controller Recreation Director Engineer Electric Superintendent Water Superintendent Public Works Superintendent Wastewater Superintendent Public Safety Director Public Safety Captains(s) Utility Office Supervisor Purchasing Agent
Administrative
City Clerk Building Inspector Assessor Public Works Assistant Superintendents Public Safety Sergeant Public Safety Detective Children's Librarian Electric Assistant Superintendent Personnel Director Assistant Controller City Treasurer Special Drug Assignment Position Appendix C
The following schedule outlines reimbursement rates for travel: a. Mileage for personal vehicle outside of town:
30 cents per mile b. Meal allowance maximums when no receipts are turned in:
I) Breakfast $ 5.00 II) Lunch 6.00 III) Dinner 12.75 City of Escanaba Revision of Personnel Policies and Procedures Manual Form
The following revision has been made in the Personnel Policies and Procedures Manual:
Date: ______
Department heads will be responsible for each employee in their department to see that all employees read and understand the new revision.
When revisions are made, this form will be distributed to all department heads and persons that have been issued a copy of the manual.
All city employees will sign the log listed below.
By signing below, I acknowledge that I have read and understand the attached Revision to the Personnel Policies and Procedures Manual. I have also been given the opportunity to ask questions concerning the new policy and procedure. I agree to abide by this Revision and other provisions of this manual as part of my employment with the City:
City Department: ______
Employee Signatures Date Employee Signatures Date 1. 23. 2. 24. 3. 25. 4. 26. 5. 27. 6. 28. 7. 29. 8. 30. 9. 31. 10. 32. 11. 33. 12. 34. 13. 35. 14. 36. 15. 37. 16. 38. 17. 39. 18. 40. 19. 41. 20. 42. 21. 43. 22. 44. Appendix B BENEFITS ACCRUING TO TERMINATING PERMANENT EMPLOYEES
Terminations/Benefits Pay for Unused Vacation Longevity Pay Retirement Bonus Sick Leave Pay Seniority Health and Hospital Unemployment Insurance Compensation 1. Voluntary Retirement Under Up to Maximum Limit of Two Prorated to Last Day Worked Need 20 Years of Service Contractual or as per Non-Union Ends at Last Day Worked Employee Pays Statutory City Pension Years Plus Accrued to Last Day 55 Years of Age Policy Worked 2. Deferred Retirement Under City Up to Maximum Limit of Two Prorated to Last Day Worked Need 20 years of Service Contractual or as Per Non-Union Ends at Last Day Worked Employee Pays Statutory Plan Years Plus Accrued to Last Day 55 Years of Age Policy Worked Apply at Time of Retire 3. Voluntary Separation at Option Up to Maximum Limit of Two If Eligible – Prorated to Last None Not Eligible Ends at Last Day Worked Not Eligible Statutory of Employee Non-Vested Years Plus Accrued to Last Day Day Worked Worked 4. Layoff – Non-Vested Employee Up to Maximum Limit of Two If Eligible – Prorated to Last None Not Eligible To Last Day Worked Not Eligible Statutory Years Plus Accrued to Last Day Day Worked Used to Figure Recall Worked To Begin When Recalled 5. Layoff – Vested Employee Up to Maximum Limit of Two If Eligible – Prorated to Last At Time of Application for Apply at Time Employee Does Not Accrue During Eligible to Pay When Statutory Years Plus Accrued to Last Day Day Worked Retirement Applied for Retirement Layoff – Begins With Recall Retired Worked 6. Discharge of Vested Employee Up to Maximum Limit of Two If Eligible – Prorated to Last Not Eligible Not Eligible Terminated Employee Pays Statutory Years Plus Accrued to Last Day Day Worked Worked 7. Discharge of Non-Union Vested Up to Maximum Limit of Two If Eligible – Prorated to Last Not Eligible Not Eligible Terminated Not Eligible Statutory Employee Years Plus Accrued to Last Day Day Worked Worked 8. Terminated Due to Death Up to Maximum Limit of Two If Eligible – Prorated to Last With 20 Years of Service and 50 Contractual or as Per Non-Union Not Applicable Family May Continue – Not Applicable Years Plus Accrued to Last Day Day Worked Years of Age Policy Must Pay Worked 9. Terminated Due to Death of Up to Maximum Limit of Two If Eligible – Prorated to Last Not Eligible Contractual or as Per Non-Union Not Applicable Family May Continue – Not Applicable Non-Union Employee Years Plus Accrued to Last Day Day Worked Policy Must Pay Worked 10. Worker’s Comp After Six Through Last Day Worked Through Last Day Worked – Upon Approval of Retirement Not Eligible Accumulates – Providing Not Eligible Not Applicable Months Maximum Two Years Plus Prorated Employee Returns to Work Accrued 11. Termination Due to Ill Heath Through Last Day Worked Through Last Day Worked – Need 20 Years Plus 55 Years of Contractual Through Last Day Continues if Employee Returns Employee Pays of Vested Employee Maximum Two Years Plus Prorated Age Worked Accrued 12. Termination Due to Ill Health Through Last Day Worked Through Last Day Worked - Not Eligibile Contractual Through Last Day Continues if Employee Returns Not Eligible Statutory of Non-Vested Employee Maximum Two Years Plus Prorated Worked Accrued