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HomeMy WebLinkAboutResolution No. 485-10 • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt a personnel policy regarding Personal Leave Without Pay. A copy of the policy is attached. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 4rF —, 2010. RESIDENT OF SAID COMMON COUNCIL ATTEST: ��� ��/�i! CITY CLERK APPROVED THIS Z DAY OF Tfh �2 , 2010. 44' Xe4 e 7' _ 40 MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res1MAdopt.PersPolicy.l.eave CITY OF ROCHESTER ORGANIZATIONAL POLICY PERSONAL LEAVE WITHOUT PAY (NON-FMLA AND NON-MILITARY) • Policy Statement In an effort to recognize the needs of employees who require time off in addition to vacation and sick leave, the City of Rochester may consider a personal leave of absence without pay for up to a maximum of thirty (30) calendar days without approval of the City Administrator. A. Eligibility 1. All regular, full-time employees employed by the City of Rochester for a minimum of six (6) months may be eligible to apply for personal leave without pay. Employees who have a com- bined balance of forty (40) or more hours in their vacation, compensatory time account, or eligible sick leave are not eligible to apply for leave without pay. 2. Job performance, absenteeism and departmental priorities and requirements will all be taken into consideration before a request is approved. Requests may be denied or granted by the City for any reason and are within the sole discretion of the City of Rochester. 3. A leave of absence for an employee to work for another employer or self employment will be al- lowed only after approval has been granted by the department head, and the City Administrator. 4. This policy does not apply to approved leaves of absences under the Family Medical Leave Act and the Uniformed Services Employment and Re-employment Rights Act (military). B. Requesting Unpaid Leave of Absence 1. An employee desiring leave without pay must submit a written request to his/her immediate su- pervisor, stating the specific reason for the request and the duration the employee would be ab- sent. 2. The supervisor will review the request, taking department requirements into consideration, and will forward a recommendation to the department head and the Director of Human Resources whom may mutually approve the request if less than thirty (30) calendar days. 3. Any absence of more than thirty (30) calendar days in a calendar year, without pay, shall be ap- proved by the City Administrator, in advance of the leave start date. In those cases where it is determined the leave is appropriate, the City Administrator will grant an official leave of absence in order to preserve the employee's status as a public employee and their benefit rights under PERA. 4. After the proper approval has been obtained, the department head shall initiate a "Report of Per- sonnel Action" form showing the reason for the leave, the dates the leave is to start, and the re- turn to work and forward it to the Human Resources Department. j 5. In those cases where a medical statement may be required, it shall be provided at the employee's expense. C. Continuity of Service Leave without pay, approved in accordance with this policy, shall not constitute a break in service. However, the time off will not count towards merit increases, promotions, or retirement. In addition, intermittent leave of absence without pay shall not be used in lieu of a part-time work schedule. CITY OF ROCHESTER ORGANIZATIONAL POLICY D. Expiration of Leave 1. Employees who have been on leave for a period longer than three (3) months or who have been on leave due to an illness or accident, must furnish the Human Resources Department with a medical statement of physical condition from their personal physician or pass a medical examina- tion prescribed by an authorized City physician prior to being reinstated. The examination if re- quired shall be arranged by the Human Resources Department, and at the employee's expense. 2. Failure of an employee to report to work promptly at the expiration of a leave without pay maybe cause for dismissal. 3. Employees desiring an extension of leave must provide a reasonable notice and make a written request to their department head. Upon receipt of the request, it shall be promptly submitted to the Human Resources Department with the department head's approval or disapproval. The Human Resources Department will submit the request to the City Administrator with all recom- mendations, if required. E. Reinstatement 1. During an employee's approved leave without pay, the vacated position may be filled by a tempo- rary appointment, a temporary promotion, or assignment of another employee. 2. At the expiration of the leave, the employee shall be reinstated in the position he/she vacated if the position still exists; or, if not, to any other position in the same class which may be vacant or becomes vacant. F. Impact on Benefit Accruals and Insurance Premiums Benefit Accruals: 1. When an employee requests eight (8) hours or less of leave without pay within a specific pay pe- riod, this reduction in work hours will not affect benefit accruals. 2. Leaves without pay totaling more than eight (8) hours within a specific pay period will result in prorated sick and vacation benefit accruals. 3. Any impact in Public Employees' Retirement Association (PERA) benefits will be governed by PERA policies. Insurance Premiums: When an approved, unpaid leave of absence extends beyond a month-end date, the City will discon- tinue benefit premium contributions for medical, dental and City-provided life insurance effective the end of the calendar month in which the leave began. These benefits will be reinstated on the date the employee returns from leave as provided in the City's summary plan documents; however, no refunds for COBRA premium contributions will be made. Revised/Adopted: