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HomeMy WebLinkAboutResolution No. 332-14 • 332-14 D13(D27) RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt the following personnel policies: Bone Marrow/Organ Donation Leave Policy Pregnancy and Parenting Leave Policy School Conferences and Activities Leave Policy Victim/Witness Leave Policy Voting Election Judge/Public Office Leave Policy Sick Leave Policy Background Investigation Policy Bereavement Leave Policy A copy of the policies is attached. PASSED AND ADOPTED BY TI IE COMMON COUNCIL OF THE CITY OF ROMiEsTER, MINNESOTA, THIS 4th _..._......... DAY OF AUGUST______..,2014. _- PRFSfL�FE�IN iAID COMMON C OIINC;IL ATTEST: CITY CLERK APPROVED THIS Stn DAY OF AUGUST_,_,,,__..................._...... 2014. MAYOR OF SAID CITY rxa+x r x,:a:r,i s•, Rest D Adopl.PersPolicy.Variousi • CITY OF ROCHESTER • ORGANIZATIONAL POLICY BONE MARROW/ORGAN DONATION LEAVE Purpose It is the intent of the City of Rochester to grant paid leave time to an employee who seeks to undergo a medical procedure to donate bone marrow or an organ/partial organ to another person. Eligibility All regular full-time employees and regular part-time employees working an average of 20 hours or more per week are eligible for paid leave time under this policy. Employees working less than 20 hours per week,or in limited appointment(temporary or seasonal)capacities, are not eligible for paid leave time under this policy. Guidelines A. Employees will be granted paid leave(s) for missed work time up to a maximum of 40 work hours. For employees seeking to undergo a medical procedure to donate bone marrow, the combined length of leaves may not exceed 40 work hours. For employees seeking to undergo a medical procedure to donate an organ or partial organ to another person, the combined length of leaves may not exceed 40 work hours for each donation. Additional leave in excess of 40 work hours may be approved by a Department Head; employees will be required to utilize accrued benefits for missed work time,under the same terms as de- scribed in the personal leave of absence policy, prior to taking an unpaid leave of absence. B. Employees will be required to provide medical verification by a physician indicating the purpose and length of each leave that is requested under this policy. C. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, whichever is applicable,the paid leave of absence granted to the employee prior to that medical determi- nation is not forfeited. Legal/Statutory Authority ® Minnesota Statute 181.945 ® Minnesota Statute 181,9456 Adopted 8/4114 CITY OF ROCHESTER ORGANIZATIONAL POLICY PREGNANCY AND PARENTING LEAVE Purpose It is the intent of the City of Rochester to allow employees time off in conjunction with the birth or adoption of a child or for prenatal care or incapacity due to pregnancy or childbirth. Eligibility' All employees working 14 or more hours per week are eligible for leave time under this policy. Employees who are not considered a public employee under Minnesota Statute, such as temporary and seasonal employees, or employees working less than 14 hours per week, are not eligible for leave time under this policy. Guidelines A. Employees will be granted up to twelve weeks of time off in conjunction with the birth or adoption of a child or for prenatal care or incapacity due to pregnancy or childbirth. Employees may be granted addi- tional leave time pursuant to the provisions of the Personal Leave of Absence policy, R. Employees may elect when the leave time commences; however, the leave must begin within 12 months of the birth or adoption except in cases where the child must remain in the hospital longer than the mother in which case the leave mast begin within 12 months of when the child leaves the hospital. • C. Employees will be required to utilize accrued vacation or compensatory time for missed work time prior to taking unpaid time off. Employees may elect, but are not required, to utilize their accrued sick time during any portion of the leave in which they are medically incapacitated (for a normal pregnancy, this is typically six weeks following the birth of a child). Employees may retain a vacation balance up to their normal workweek before being placed on an unpaid leave of absence(Le, a 20 hour per week employee may re- tain tip to 20 hours in his or her vacation bank before taking unpaid time off). D. Employees will maintain eligibility for insurance coverage throughout the time of their leave; however, employees on unpaid leave will be required to pay the entire cost of the coverage beginning the first day of the month following their change to unpaid status. E. Employees will accrue time off benefits on any paid time that is utilized during the leave. Employees will not accrue time off benefits or seniority while in unpaid status. F. Employees will be required to provide the City with a 30 day advance notice of the need to take leave when the need is foreseeable. When a 30 day notice is not possible, the employee must provide notice as soon as practicable. G. Employees on leave are subject to changes in pay, benefits, and/or terms and conditions of their em- ployment,as if they were actively working. Legal/Statutory Authority ® Minnesota Statute 181.941 • Employees who qualify for FMLA leave will be covered under FMLA provisions,as they meet or exceed all provisions of Pregnancy and Parenting Leave. FMLA runs concurrent with Pregnancy and Parenting Leave and does not provide for additional leave time beyond 12 weeks. Adopted 8/4114 CITY OF ROCHESTER ORGANIZATIONAL POLICY SCHOOL CONFERENCE AND ACTIVITIES LEAVE Purpose It is the intent of the City of Rochester to allow employees time off to attend school conferences or school-related activities related to the employee's child, provided that such activities cannot be scheduled during non-work hours. Eligibility All regular full-time employees and regular part-time employees working at least half-time hours for the City are eligible for leave time under this policy. Employees working less than half-time hours, or in limited appointment (temporary or seasonal)capacities, are not eligible for leave time under this policy. Guidelines A. Employees will be granted time off for missed work time up to a maximum of 16 work hours per 12 month period. B. Employees will be required to utilize accrued benefits for missed work time, under the same terms as de- scribed in the personal leave of absence policy, prior to taking an unpaid leave of absence. C. Employees will be required to provide the City with reasonable prior notice of the leave when the need for leave is foreseeable and to make a reasonable effort to schedule the leave so as not to disrupt unduly the • operations of the City. Legal/Statutory Authority • Minnesota Statute 181,9412 Adopted 814114 s CITY OF ROCHESTER ORGANIZATIONAL POLICY VICTIMIVVITNESS LEAVE Purpose It is the intent of the City of Rochester to allow employees reasonable time away from work for the following cir- cumstances: ® If the employee is a victim or witness to a crime and is subpoenaed or requested by the prosecutor to at- tend court, reasonable time off will be extended for the purpose of giving testimony in criminal proceed- ings related to the victim's case. ® If the employee, or his/her spouse or immediate family member, is the victim of a violent crime, reasona- ble time off will be extended for the purpose of attending criminal proceedings related to the victim's case. Eligibility All employees are eligible for leave time under this policy. Guidelines A. Employees will be required to provide the City with 46 hours' advance notice of the leave unless irnpracti- cable or an emergency prevents the employee from doing so. B. Employees will be required to provide verification that supports the employee's reason for absence under this policy. Verification documents may include, but are not limited to, a copy of the subpoena, a letter from the prosecutor, and/or the court docket establishing the date and time for court proceedings. C. Employees will be required to utilize accrued benefits for missed work time, under the same terms as de- scribed in the personal leave of absence policy, prior to taking an unpaid leave of absence. Legal/Statutory Authority o Minnesota Statute 611A.036 Adopted 814114 • CITY OF ROCHESTER • ORGANIZATIONAL POLICY VOTING/ELECTION JUDGEIPUBLIC OFFICE LEAVE Purpose It is the intent of the City of Rochester to grant leave time to employees for the purpose of voting in certain elec- tions,serving as an election judge, and/or attending meetings as required by holding a public office. Eligibility For the purposes of voting leave or to serve as an election judge, all public employees are eligible for paid leave time under this policy. Employees who are not considered a public employee under Minnesota Statute, such as temporary and seasonal employees, or employees working less than 14 hours per week, are not eligible for paid leave time under this policy. For the purposes of public office leave, all employees are eligible for leave time under this policy. Guidelines Voting leave: A. Employees may be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the clay of the election without loss of pay due to their absence, B. Covered elections include a regularly scheduled state primary or general election, an election to fill a va- cancy in the office of United States senator or United States representative, or an election to fill a vacancy in the office of state senator or state representative, • Serving as an Election Judge: A. Employees must give their supervisor at least a 20 day written notice of their intent to serve as an election judge. This written notice mast include a certification from the appointing authority indicating the hourly compensation the employee will receive as an election judge and the hours during which the employee will serve in this capacity. B. With proper notice, as indicated above,employees will receive paid leave during time spent as an election judge; however, the employee's wages will be reduced by the amount the employee is paid for serving in an election judge capacity. C. The City will limit the number of employees allowed to be absent for the purpose of serving as an election judge to no more than 20 percent of the total workforce at any single worksite. Public Office Meetings: A. Employees who are elected to a public office are permitted time off from work to attend meetings required by reason of the public office. B. Employees may elect to utilize accrued vacation and/or compensatory time for the period of their absence or may elect to take unpaid leave. If an employee elects to take time away from work unpaid, the City will make an effort to allow the employee to make up the missed work time during other hours when the em- ployee is available. Legal/Statutory Authority ® Minnesota Statute 204B.195 ® Minnesota Statute 204C.04 ® Minnesota Statute 211 B.10 I"General election"means an election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors. Adopted 8/4/14 CITY OF ROCHESTER ORGANIZATIONAL POLICY SICK LEAVE A. Sick Leave 1. It shall be the policy of the City to provide sick leave time for employees in order to provide in- come protection during periods of absenteeism due to injury or illness. 2. Sick leave is a valuable privilege intended to prevent the loss of regular income during the time of personal illness or accident,or serious family crisis as defined in this section. It should be viewed as a form of insurance, not as an earned benefit which has been wasted, if not taken. Each em- ployee and his/her department head shall be held accountable for the reasonable, prudent, and bona fide use of sick leave privileges. B. Eli ibilit 1. All full-time employees scheduled to work forty (40) hours or more per week are eligible to earn sick leave. 2. All regular, part-time employees working twenty(20)or more, but less than forty(40)hours per week are eligible to earn pro-rated sick leave under this policy. • 3. Employees who are not considered a public employee under Minnesota Statute, such as tempo- rary and seasonal employees,or employees working less than 14 hours per week, are not eligi- ble to earn sick leave under this policy. C. Accrual Rate 1. Full-time eligible employees shall accrue sick leave at the rate of eight (8) hours per month, be- ginning with their date of hire. There shall be no maximum accumulation limit. 2. Sick leave shall continue to accrue during periods of absence in which the employee is in a paid status. Leaves without pay totaling more than eight (8) hours within a specific pay period will re- salt in a prorated sick benefit accrual. D. Use of Sick Leave 1. Sick leave will be granted upon approval of the department head, appointing authority or person designated to act in their absence for the following reasons: a. For absence due to personal illness or injury which prohibits an employee from performing his/her regular duties. b, For absences due to an illness of or injury to the employee's child' for such reasonable peri- ods as the employee's attendance with the child may be necessary. For purposes of this policy,"child"is defined as an employee's stepchild,biological,adopted or foster child who is under 18 or who is under 20 if still attending secondary school. CITY OF ROCHESTER ORGANIZATIONAL POLICY c, For personal or child' medical and dental appointments, d. Up to a combined total of 160 hours of accrued sick leave per twelve month period' may be used for absences due to the following: (1) an illness of or injury to the employee's spouse, adult child, sibling, parent, mother-in- law,father-in-law,grandchild3,grandparent,or stepparent. (2) for reasonable absences of the employee or his/her eligible relatives (spouse, adult child, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or steppar- ent) who are providing or receiving assistance because the employee, or an eligible relative, is a victim of sexual assault, domestic abuse,or stalking. The 160 hour limit does not apply to personal sick leave use or use to care for the employ- ee's child as provided above. e. Employees are obligated to disclose use of sick leave (relative to section d above) to their supervisor to demonstrate compliance. f. For absence due to a compensable injury arising out of and in the course of City employ- ment (employees may request that their sick leave be used to make up the difference be- tween their regular pay and Worker's Compensation), • 2, Employees who are incapacitated and unable to work shall notify their immediate supervisor at or before the scheduled reporting time, giving reason for absence and expected length of absence. Sick leave will be charged as it is actually used, but in no case will the charge be less than fifteen (15) minutes. 3. Prior to returning to work, an employee may be required to provide a physician's statement indi- cating the nature of their illness or injury and attesting to the employee's ability to return to work and safely perform the essential functions of the job with our without reasonable accommodation, Sick leave use may be denied and/or return to work may be delayed for any employee required to provide a physician's statement until such a statement, sufficiently addressing the information re- quested by the City, is provided. 4. The City has the right to obtain a second medical opinion to determine the validity of an employ- ee's sick leave claim. The City will arrange and pay for a second medical evaluation when it is required by the City. 5. Sick leave taken immediately preceding termination of employment or retirement of an employee must be substantiated by written medical report. 'The amount of available leave time will be determined utilizing a rolling 12-month period based on the preceding 12-month period prior to the commencement of the leave. 3 For the purposes of this policy, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild. CITY OF ROCHESTER ORGANIZATIONAL POLICY E. Holidays During Sick Leave Should a holiday occur during an employee's absence due to illness or an accident, the time off shall be charged as a holiday. F, Advance Sick Leave Sick leave shall not be granted in advance of being earned. If an employee does not have sufficient sick leave earned to cover a period of absence, either earned compensatory or vacation time may be used;otherwise, the sick leave will be without pay. G. Transfers Employees who are transferred from one department to another shall have their earned sick leave credits transferred with them. H. Terminations Unused sick leave is forfeited upon any termination from City employment prior to ten (10) years of service and the employee is not vested in a pension or does not go on a pension to which the City of Rochester has contributed. I. Pe_ nalty • Claiming sick leave when physically able to perform normal duties except as provided elsewhere in this section, may be cause for disciplinary action, including cancellation of sick leave benefits, suspen- sion,demotion or termination of employment. J. Exclusions No sick leave will be allowed for an illness or injury occurring as the result of employment outside of the City. Employment shall be considered as work performed for which remuneration was received or realized. Revised/Adopted 8/19/13;814/14 • • CITY OF ROCHESTER ORGANIZATIONAL POLICY BACKGROUND INVESTIGATION CHECK POLICY AND PROCEDURES Purpose City employees and volunteers provide an array of services that promote the health and well-being of the public. Background checks are a key component in determining suitability for employment. They ensure the timely identi- fication of any history, criminal or otherwise, that may be incompatible with the activities and interactions required for a particular job. General Statement of Policy The City of Rochester will conduct background checks in order to ensure that its current employees, potential em- ployees, temporary and seasonal employees, volunteers and contract personnel pose no unreasonable risk to other staff, the public and/or City resources in the performance of their job. Application This policy applies to all public entities under the jurisdiction of the Mayor and Rochester City Council and pro- vides the minimum basis for conducting background investigations, This policy also allows departments to conduct a more comprehensive background investigation check based on the specific duties and responsibilities for each job and/or as may be required by law or regulatory compliance. Types Background Checks For the purpose of this policy, background checks may include: • Reference checks:to determine suitability for employment. • Employment verification: to determine jab history. • Criminal background history: to identify any criminal history that could adversely affect job performance and/or public safety. • Driver's license verification: determine license status and to identify any motor vehicle history that could ad- versely affect job performance andlor public safety. • A qualifications check/educational verification: to verify educational qualifications andlor degreeslcertifications held. • National sex offender registry search: to identify any criminal history that prohibits employment is certain are- as. • Social Security number verification: to verify identity. • A credit check: to identify credit-related history that could adversely affect job performance andlor negatively impact the public. Minimum Standard for all New Employees and Volunteers This section defines the minimum standard background investigation check that shall be done for all new WIN- teers and new hires for full and part-time positions as well as temporary and seasonal positions, including appli- cants returning to temporary and seasonal positions. 'Exceptions to the minimum standard exist for some posi- tions. • Election judges and temporary and/or seasonal employees returning for a subsequent year are excluded. For volunteers, including Board and Commission members, the criminal history check is required; however, all other checks are optional. • CITY OF ROCHESTER ORGANIZATIONAL POLICY After an interview has taken place, but before a final offer of employment is made, the hiring manager, or their designee, shall document on a form supplied by the HR Department that a criminal history check utilizing the Mate of Minnesota Bureau of Criminal Apprehension (BCA) website (https://cch.state.mn.us has been conduct- ed, Note: the BCA database will not contain most criminal history that occurred in another state, even a neigh- boring state. If a valid driver's license is a qualification for the vacancy, the HR Department will verify that the finalist's driver license is valid and that they possess the appropriate class of license. The completed form and all relevant/supporting documentation of such checks shall be forwarded to the Human Resource Department for review and the appropriate HR representative will notify the hiring manager, or their de- signee,when the applicant is eligible for hire. If, upon reviewing the completed form and relevant/supporting documentation, the HR Department identifies is- sues related to a finalist's suitability for employment, the matter shall be discussed further between the HR repre- sentative and the hiring manager. If needed, the Human Resource Director, Department Head and/or City Attor- ney's Office may also be requested to review the information and assist in determining the finalist's suitability for employment. In the event that the City decides that hiring the finalist may not be in their best interest based on the information obtained from the BCA website, the HR Department will notify the finalist that adverse action is being considered by sending a Pre-Adverse Action letter which explains the grounds or reasons for the denial and giving them the option to submit competent evidence of rehabilitation or explanation to the HR Department. • The finalist will have five (5) business days to respond to the HR Department in writing notifying City that they are contesting the information and to submit any competent evidence of rehabilitation or explanation for any of the information obtained from the BCA website. The Human Resource Director, Department Head and/or City Attorney will make a final determination as to a fi- nalist's fitness for employment with the City of Rochester. Finalist not hired because of criminal conviction data obtained from the BCA website will be sent an Adverse Ac- tion letter advised that they are eligible to apply for any future vacancies and that all competent evidence of reha- bilitation will be considered upon reapplication. Comprehensive Background Investigation Check: This is an enhanced level of investigation that is applicable to selected applicants including those applying for po- sitions that deal with children, vulnerable adults, expensive equipment, finances, and sensitive/secure information or operations or where information from the minimum standards check is questionable. The comprehensive background investigation check also searches for criminal history conviction information from national, state and local databases as opposed to the BCA search which is limited to only Minnesota conviction information. Background checks are also statutorily required for specific positions; • Peace Officers-Minn.Stat. § 13.41;626.84;626.87. Fire Protection-Minn. Stat. §299F.035;604A.31. CITY OF ROCHESTER ORGANIZATIONAL POLICY Children's Service WorkerNolunteer— Minn. Stat. § 299C.61; 299C.62; 299C.64. (Includes employees and volunteers who care for, treat, educate, train, or provide recreation for children and who are not subject to another statutory background check as a condition of employment.) The hiring manager, or their designee, is responsible for requesting that a comprehensive background investiga- tion check be conducted on a finalist for a particular position based the level of responsibility and accountability of that particular position and for identifying what information the investigation is to include. Process for Comprehensive Background Investigation Check This process is similar to the minimum standard background check process in that it takes place after the inter- view, but before a final offer of employment is made Again, if a valid driver's license is a qualification for the vacancy, the HR Department will verify that the applicant's driver license is valid and that they possess the appropriate class of license. The Human Resource Department will initiate the process for a comprehensive background investigation to be performed by an outside vendor. The outside vendor will be subsequently responsible for providing all appropri- ate notices required by the Fair Credit Reporting Act(FCRA) and the Minnesota Access to Consumer Re orts,_Act (MACRA) to the finalist that"consumer reports" and "investigative consumer reports", as those terms are defined in the Fair Credit Reporting Act, will be obtained for employment purposes and their right to receive a copy of those reports. • The results of the comprehensive background investigation from the outside vendor will be reviewed by the ap- propriate HR representative who will notify the hiring manager, or their designee, when the applicant is eligible for hire. If, upon reviewing the results of the comprehensive investigation the HR Department identifies issues related to a finalist's suitability for employment, the matter shall be discussed further between the HR representative and the hiring manager. If needed, the Human Resource Director, Department Head and/or City Attorney's Office may also be requested to review the information and assist in determining the finalist's suitability for employment, Convictions and Rehabilitation The City will conform to Minnesota Statutes Chapter 364 relating to criminal offenders and rehabilitation, which encourages the rehabilitation of criminal offenders, The statute further recognizes that the opportunity to secure employment is essential to the rehabilitation of ex-offenders and the resumption of their responsibilities of citizen- ship. Although a disqualification is possible, a previous conviction does not automatically disqualify an applicant from consideration for employment with the City of Rochester. However, if an applicant attempts to withhold information or falsifies information pertaining to a previous convic- tion(s) and/or their qualifications, they will be disqualified from further employment consideration in any position with the City due to falsification of their application. Criminal convictions and evidence of rehabilitation will be reviewed on a case-by-case basis following Minnesota Statutes Chapter 364 (Criminal Offenders and Rehabilitation) with consideration for the protection and best inter- ests of the clients,assets and employees'of the City of Rochester. In determining if a conviction directly relates to the position of public employment sought, the City shall consider: 1. the nature and seriousness of the crime or crimes for which the individual was convicted; a , . CITY OF ROCHESTER ORGANIZATIONAL POLICY 2, the relationship of the crime or crimes and the position of public employment sought; 3. the relationship of the crime or crimes to the ability, capacity, and fitness required to perform the du- ties and discharge the responsibilities of the position of employment. Competent evidence of sufficient rehabilitation may be established by the production of: 1. a copy of the local, state,or federal release order; and 2. evidence showing that at least one year has elapsed since release from any local,state,or federal correction- al institution without subsequent conviction of a crime;and evidence showing compliance with all terms and conditions of probation or parole;or 3. a copy of the relevant Department of Corrections discharge order or other documents showing completion of probation or parole supervision. In addition to the documentary evidence described above, the City shall consider any evidence presented by the applicant regarding: 1. the nature and seriousness of the crime or crimes for which convicted; 2. all circumstances relative to the crime or crimes, including mitigating circumstances or social conditions sur- rounding the commission of the crime or crimes; 3, the age of the person at the time the crime or crimes were committed; 4. the length of time elapsed since the crime or crimes were committed;and 5, all other competent evidence of rehabilitation and present fitness presented, including, but not limited to, let- ters of reference by persons who have been in contact with the applicant since the applicant's release from any local, state,or federal correctional institution, Notification upon Denial of Employment or Disqualification from Occupation The City of Rochester must comply with the Fair Credit Reporting Act(FCRA) and the Minnesota Access to Con- sumer Reports Act(MACRA)when conducting background checks through a consumer reporting agency such as a credit bureau,detective agency,or human resource consulting company. When using a third-party vendor,the credit,criminal, social security and driver's license verifications are subject to the FCRA. In the event that the City decides that hiring the finalist may not be in their best interest based on the information obtained through a consumer report, the HR Department will notify the finalist that adverse action is being consid- ered by sending a Pre-Adverse Action letter based on a Consumer Report which: • Explains the grounds or reasons for the denial and that they may submit competent evidence of rehabili- tation or an,explanation to the HR Department. • Provides the individual with a Statement of Consumer Rights from the FTC before taking adverse action, • Gives the individual a copy of the consumer or investigative report. • Advises the finalist of his or her rights under the FCRA to dispute incomplete or false information. The finalist will have five(5) business days to respond to the HR Department in writing notifying City that they are contesting the information and to submit any competent evidence of rehabilitation or explanation for any of the information obtained from the consumer report. The Human Resource Director, Department Head and/or City Attorney will make a final determination as to a fi- nalist's fitness for employment with the City of Rochester. a , . CITY OF ROCHESTER ORGANIZATIONAL POLICY Finalist not hired because of information obtained from a Consumer Report will be sent an Adverse Action letter and advised that they are eligible to apply for any future vacancies and that all competent-evidence of rehabilita- tion will be considered upon reapplication. Reporting a Conviction It is the duty of all current employees to affirmatively notify their immediate Supervisor(or their Department Head) of a criminal conviction that occurred any time after they assumed their position with the City of Rochester. The conviction must be reported within two weeks after it is officially entered into court records. For purposes of this policy, conviction includes any conviction which has not been expunged and for which a jail sentence could have been imposed. Once notified, the Supervisor will discuss the conviction with the Human Resources Department who shall follow the procedures contained in this policy in determining the job relatedness of the criminal conviction to the perfor- mance of the duties of the position. Intentional failure of the employee to notify their immediate Supervisor (or their Department Head) of a criminal conviction may be grounds for employment sanctions up to and including suspension and termination, regardless of when the omission is discovered. Such failure may be grounds for suspension and termination of employment regardless of whether it is determined that such conviction is of a nature that would have disqualified the employ- ee from the position of employment in question. The City of Rochester reserves the right to periodically review the criminal history of current employees and volun- teers to ensure compliance with the goals and intent of this policy. Job Announcement/Employment Application Background Investigation Check Notice Every job announcement and application for employment with the City of Rochester must contain a notice to ap- plicants that, prior to hiring,the final candidate(s) must successfully pass a pre-employment background investiga- tion. The notice shall also advise applicants that they may be required to sign an informed consent form allowing the City to obtain their criminal history and/or verify their qualifications in connection with the position sought and that applicants who do not sign the informed consent form will not be considered further for the position. The fail- ure of a job announcement to include a notice that a background check may be required shall not preclude the City from conducting these checks. Disclaimer Nothing herein shall be construed as limiting the rights of the City of Rochester to determine a candidate's suitabil- ity for employment. The City shall fully comply with all laws and regulations governing background checks. In the event the laws or regulations are amended, this Policy and the applicable terms, conditions or requirements shall be deemed to have been amended automatically. The City of Rochester also reserves the right to amend this policy as needed or necessary. Adopted 8/17109 Revised 8/20/12;814/14 4 CITY OF ROCHESTER ORGANIZATIONAL POLICY BEREAVEMENT LEAVE Purpose It is the intent of the City of Rochester to provide employees with time off surrounding the death of an immediate family member. Policy Regular full-time and regular part-time (regularly scheduled 20 or more hours/week) employees may request up to three workdays (prorated for part-time employees) with pay in conjunction with the death of an immediate family member. Immediate family as used in this policy includes spouse, domestic partner', fiancee, parent, step-parent, parent-in-law, guardian, former guardian, child, step-child, son-in-law, daughter-in-law, grandparent, grandparent-in-law, grandchild, great grandchild, sibling, brother-in-law, sister-in-law or a relative who is a member of the employee's household. The sarne benefits are extended to the immediate family of a domestic partner which includes parent, sibling and sibling's spouse,grandparent and child. In addition to being granted up to three (3) days of paid bereavement leave, the employee's department head or his/her designee may approve the use of up to five (5)days of earned sick leave to supplement the • paid bereavement leave. Time off in addition to the paid bereavement leave and approved use of sick leave may be approved by the department head. Employees will be required to utilize accrued benefits, under the same terms as described in the personal leave of absence policy,prior to taking an unpaid leave of absence. Procedure The employee is responsible for promptly notifying his/her department of a death so appropriate arrangements can be made to cover any absence from work. Bereavement leave is paid at the employee's base wage rate,which does not include any shift differentials or premium pay. 'The definition of domestic partner is described in City of Rochester Civil Right and Domestic Partnerships Ordinance No 81 Revised 10/17/11;814/14