HomeMy WebLinkAboutResolution No. 147-04 • RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt
the revised personnel policies regarding Family Medical Leave, Vacation, Drug and Alcohol
Testing, Motor Vehicle Drug and Alcohol Testing, and Employee Parking/Transit. A copy of the
policies is attached.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2004.
SIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF 12004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res2000Vadopt.perspolicy.3
•
FAMILY AND MEDICAL LEAVE
A. Policy
It is the policy of the City of Rochester, to provide up to twelve (12) workweeks of leave
during any 12-month period for employees for the birth or adoption of their child or at the
time of a serious health condition affecting the employee or a family member. This policy is
adopted in accordance with the federal "Family and Medical Leave Act of 1993".
B. Eligibility
An employee qualifies when employed by the City for at least twelve (12) months and
worked at least 1250 hours in the twelve (12) months preceding the commencement of the
leave. If employed for less than the specified period, refer to provision C "Employment of
Less Than 12 Months" of this section.
C. Family- Parental Leave
Guidelines
1. Eligible employees may take family leave for the birth of a child, and to care for
the newborn child, or for the placement of a child for adoption or foster care. A
"son or daughter" is defined as a biological, adopted, or foster child, a stepchild,
a legal ward, or a child of a person standing in loco parentis, who is either under
age 18, or age 18 or older and "incapable of self-care because of a mental or •
physical disability."
2. An employee's entitlement to leave for the birth or placement of a son or
daughter expires at the end of the 12-month period beginning on the date of the
birth or placement. Circumstances may require that leave begin before the
actual date of birth or placement. For example, an expectant mother may take
medical leave for serious health conditions before the birth of her child if her
condition is such that she is unable to work right up to the birth. In the case of a
placement for adoption or foster care, leave may be taken on the placement of
a child or may begin before placement if an absence from work is required for
the placement to proceed.
3. A husband and wife who are eligible for leave and are both employed .by the
City are permitted to take only a combined total of twelve (12) weeks of leave
during any 12-month period if the leave is taken:
a. for birth of a son or daughter or to care for the child after birth;
b. for placement of a son or daughter for adoption or foster care, or to care for
the child after placement; or
c. to care for a parent (but not a parent "in-law") with a serious health
condition. (Limit does not apply to children or spouses). •
• Where the husband and wife both use a portion of the total 12-week leave
entitlement for either (a), (b) or (c) above, the husband and wife would each be
entitled to-the difference between the amount he or she has taken individually
and 1.2 weeks for leave for a purpose other than those contained in either (a),
(b) or (c) above.
4. An employee who is pregnant may continue to work until such time as the baby
is born unless the work is such that to continue would cause harm to the
mother/fetus as determined by their physician.
D. Family - Medical Leave
Guidelines
1. Eligible employees may take family medical leave to care for a spouse, son,
daughter, or parent, if that family member has a serious health condition or for a
personal serious health condition that makes the employee unable to perform
the essential functions of their position.
A "serious health condition" is defined as an illness, injury, impairment, or
physical or mental condition that involves:
a. any period of incapacity or treatment in connection with or consequent to
inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential
• care facility;
b. any period of incapacity requiring absence from work, school, or other
regular daily activities, of more than three (3) calendar days, that also
involves continuing treatment by (or under the supervision of) a health care
provider; or
c. continuing treatment by (or under the supervision of) a health care provider
for a chronic or long-term health condition that is incurable or so serious
that, if not treated, would likely result in a period of incapacity of more than
three (3) calendar days; or for prenatal care.
Examples of a "serious health condition" include:
• heart attack,
• heart conditions requiring heart bypass or valve operations,
most cancers,
• back conditions requiring extensive therapy or surgical procedures,
• strokes,
• severe respiratory conditions,
• spinal injuries;
• appendicitis,
. • pneumonia,
0 emphysema,
severe arthritis, •
• severe nervous disorders,
• injuries caused by serious accidents on or off the job,
• ongoing_ pregnancy, severe morning sickness, the need for prenatal care,
childbirth and recovery from childbirth.
2. With respect to an employee, the term "serious health condition" is intended to
cover conditions or illnesses that affect the employee's health to the extent that
he/she must be absent from work on a recurring basis for three (3) days or
more and involves continuing treatment by a health care provider. With respect
to family members, the term "serious health condition" is intended to cover
conditions or illnesses that affect the health of the family member so that he/she
is similarly unable to participate in school or in his/her regular daily activities.
Family leave may be taken because of the illness of a son, daughter, spouse, or
parent. An eligible "parent" includes a biological parent or a person who was
charged with a parent's rights, duties, and responsibilities over the employee
when the employee was under the legal age, but doesn't include in-laws.
3. The employee will be able to exhaust their entire accrued sick leave account in
the event he or she has a serious health condition that makes them unable to
perform the essential functions of their position.
4. Employees may use intermittent leave or leave on a reduced schedule, subject
to requirements for notice and certification, for the care of a spouse, son,
daughter, or parent with a serious health condition, or for their own serious
health condition, when leave on this basis is medically necessary. Intermittent
leave would be a few hours off, or a day or a week off at intervals as the
employee's needs require. A reduced leave schedule would be a regular
schedule of a three-day week, or working only mornings.
E. Interaction with Paid Leave
1. A full-time employee may retain up to forty (40) hours of accrued vacation
before being placed on an unpaid leave of absence. All-other hours of
accrued/saved sick leave and vacation must be used prior to being placed on
an unpaid leave of absence. The paid leave under this section is used
concurrently with the unpaid leave entitlement.
F. Notification
1. When the need for leave is foreseeable based on planned medical treatment,
the employee must give at least thirty (30) days' notice before the date that the
leave is to begin. Request for a leave should be made by completing a "Leave
of Absence" form.
When planning medical treatments, employees should consult with their
respective Department and/or Division Head when giving notice and make
reasonable efforts to schedule the leave so as not to unduly disrupt the
department's operations, subject to the approval of the health care provider.
When unforeseen events occur that require leave, employees must give notice
as soon as practicable, ordinarily within one or two working days. Notice should
be given either in person or by phone when medical emergencies are involved,
and may be given by the employee's spouse, other family member or other
responsible party if the employee is unable to do so due to a serious health
condition. Written notice will not be required in the case of a medical
emergency.
G. Medical Certification
1. Upon requesting leave because of a serious health condition of a spouse, son,
daughter, parent or an employee's own serious health condition, the employee
must have the health provider of the person with the condition complete the
"Certification of Physician or Practitioner form. If this form is not available, a
letter must be provided from the health provider which must include:
a. the date on which the serious health condition began;
b. its probable duration;
c. the appropriate medical facts regarding the condition;
d. that the employee is needed to care for a son, daughter, parent, or spouse,
with an estimate of the amount of time that the care will require;
e. for purposes of an employee's own serious health condition, that the
employee is unable to perform the functions of the job;
f. in the case of intermittent leave for planned medical treatment, the dates on
which the treatment is expected to be given and the treatment's duration;
g. in the case of certification for intermittent or reduced schedule leave for an
employee's own serious health condition, a statement of the medical
necessity for an intermittent or reduced schedule leave; and
h. in the case of certification for intermittent or reduced schedule leave for
family members, a statement that this type of leave is necessary for the
case of the family member, or will assist in their recovery, and the expected
duration and schedule of the intermittent or reduced schedule leave.
2. Medical certification for a family medical leave must be provided in advance or
at the start of the leave. If the need for the leave does not permit this timing,
medical certification should be provided within 15 calendar days after the leave
begins, unless it is not practicable to do so under the circumstances.
3. If there is reason to doubt the validity of the medical certification, the City may
require, at its own expense, the opinion of a second health care provider
designated or approved by the City, but not employed regularly by the City.
4. If the second opinion differs from the first opinion, the City may require, at its
own expense, the opinion of a third health care provider, designated or
approved jointly by the City and the employee. The third health care provider's •
opinion is final and binding by both the City and the employee.
5. The City may require the employee to obtain subsequent medical recertification
on a reasonable basis.
H. Restoration to Prior Position
1. Upon signifying his/her interest to return (a minimum of two (2) weeks - ten (10)
working days notice may be required) to work within the authorized leave
period. The employee shall be reinstated to the position he/she held when the
leave began, or to an equivalent position, with equivalent employment benefits,
pay, and other terms and conditions of employment.
2. Prior to returning to work, an employee must provide certification from a health
care provider that he/she is able to resume work.
3. If during the leave, the City experiences a layoff and the employee would have
lost a position had the employee not been on leave, the employee shall be
subject to the same layoff and recall as if the employee had not been on leave.
I. Benefits
1. Taking a leave will not result in the loss of any employment benefits accrued
before the date the leave began. "Employment benefits" is defined as all
benefits provided or made available to employees by the City, including group
health and dental coverage, sick leave, vacation, educational benefits, and
pension.
2. The City will maintain coverage under the group health plan, for the duration of
the leave, at the level and under the conditions that coverage would have been
provided if the employee had continued working and had not taken leave.
3. The City may recover the cost of maintaining group health coverage for an
employee during unpaid leave if:
a. the employee fails to return from leave after the leave period has expired,
and
b. fails to return for a reason other than the continuation, recurrence, or onset
of a serious health condition affecting the employee's spouse, child, parent,
or himself/herself that entitles the employee to take leave, or other
circumstances beyond the employee's control
4. If an employee claims that he/she cannot return from leave because of a
serious health condition, the City may require that this claim be supported by
medical certification from a health care provider. The employee must provide a
copy of the medical certification within 30 calendar days from the date of the .
City's request.
• 5. Sick leave and vacation will continue to accumulate only during the period of
compensated leave.
6. Unpaid leave hours will not count towards seniority.
J. Penalt
1. 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, suspension, demotion or
termination of employment.
K. Employment of Less than 12 Months
1. Employees are eligible for a minimum of six weeks leave.
2. The leave may be approved for a period of up to twelve workweeks by the
department head and the Director of Human Resources.
3. To maintain health coverage for the duration of an unpaid leave, the employee
will be responsible for the entire payment of the premium.
4. Employees will otherwise have the rights and responsibilities provided under
this policy.
*MN State Law provides that an employee has the right to take up to six (6) workweeks
of job-protected leave for the birth or adoption of a child. To be eligible for this leave, an
employee must have worked a minimum of one year and have worked at least 1,040
during the year prior to the requested leave. The leave rights under the state law expire
upon the six weeks from the date of the birth or placement of adoption /foster care.
Employees are expected to pay the entire cost of the premium to maintain health
insurance coverage. For more information, see your department head or the Human
Resources Department.
•
City of Rochester •
Vacation Policy
Vacation is provided to employees to encourage an opportunity for rest, relaxation, and
rejuvenation.
Vacation accrual schedules are also contained in many of the City's collective bargaining
agreements so employees whose positions are included in a collective bargaining group should
also review the appropriate provisions of the agreement.
Regular full-time salaried/hourly employees and regular part-time employees who are regularly
scheduled to work twenty (20) hours or more per week on a year round basis, shall accrue paid
vacation based on hours authorized and budgeted for the position at their regular rate.
Employees regularly scheduled to work less than twenty (20) hours or more per week or hired
as temporary or seasonal employees shall not be eligible for the accrual of paid vacation.
New employees may use vacation with the approval of his/her department head or department
head's designee after the completion of the first six (6) months of employment.
Vacation time shall accrue for eligible employees from their date of hire.
The amount of vacation accrued shall appear each pay period on the employee's payroll advice
document or individual employee computer record.
A vacation accrual cap of two (2) times annual vacation accrual rate is applied to an eligible •
employee's vacation balance each December after the last pay date (payroll deposit). Any
amount above the cap on that date would no longer be included in the available vacation
balance.
Vacation shall not accrue during the time an employee is laid off, suspended without pay, or on
a leave of absence without pay from his/her employment.
The department head or his/her designee may approve the use of paid vacation based on
departmental workload and other vacation already scheduled by departmental employees.
Employees with longer length of service may be given vacation schedule preference as
determined by the department head or his/her designee.
An employee who is not working because of illness or injury who has exhausted his/her sick
leave balance may, with the approval of the department head or his/her designee, use available
paid vacation.
An appropriate termination notice for those employees with more than six (6) months service,
who leave the employ of the City voluntarily, is two weeks for nonexempt employees and four
weeks for exempt employees.
• Vacation Accrual Schedules (Approved by Council 6/19/2000; Non Exempt Schedule revised
March 2004)
1. Non-exempt
Time Worked Vacation
Lessthan 1 year Prorated - 80 hours
1 - 2 years 80 hours - 10 days
3 - 5 years 120 hours - 15 days
6 - 10 years 152 hours - 19 days
11 - 15 years 176 hours - 22 days
16 - 19 years 192 hours - 24 days
20+ years 200 hours - 25 days
2. Exempt
Time Worked Vacation
Less than 1 year Prorated - 120 hours
1 - 2 years 120 hours - 15 days
3 years 128 hours - 16 days
4 - 5 years 136 hours - 17 days
6 years 160 hours - 20 days
7 - 8 years 168 hours - 21 days
• 9 - 10 years 176 hours - 22 days
11 - "+ years 200 hours -,25 days
Procedure The department head, manager, or supervisor should notify the Director of Human Resources
when an"employee has given him/her notice of an impending termination or retirement. A copy
of the employee's letter or memo of notice of impending termination or retirement should be
given to the Director of Human Resources.
For employees who voluntarily terminate their employment or retire, wages, including holiday,
vacation, and compensatory time must be paid in full no later than the first regularly scheduled
pay date following the employee's last day of employment. If that pay date is less than five
calendar days after the employee's last day of employment, full payment may be delayed until
the second regularly scheduled pay date, provided that it cannot be later than twenty (20)
calendar days after the last day of employment (MN statute 181.14, Subdivision 1.)
For employees who are involuntarily terminated, all wages are due and payable within 24 hours
of demand by the employee (MN statute 181.13).
An employee may request to remain on the payroll using vacation or compensatory time for up
to three weeks after his/her last day of employment by contacting the Director of Human
Resources in writing. The remainder of an employee's vacation, compensatory time, and/or
holiday time will then be paid out in a lump sum.
Revised 1/2003,Common Council Approval 2/19/03 Revised 3/2004,Common Council Approval 4/5/04
DRUG AND ALCOHOL TESTING
A. General
It is the policy of the City of Rochester to provide and maintain a drug-free
workplace. The City will focus on prevention, identification and treatment of
chemical dependency among its employees. Positive test results from this
testing program may not be used as evidence in a criminal action against the
employee orjob applicant tested. The City of Rochester will encourage the use
of the employee assistance program to help employees and their families
experiencing drug or alcohol related problems.
The drug and alcohol testing policies and procedures of the City of Rochester
will conform to the requirements of state law as set forth in Minnesota Statutes
Sections 181.950 through 181.957, as well as the requirements of federal law
as set forth in the Drug-Free Workplace Act of 1988.
This policy shall apply to all employees of the City of Rochester as hereinafter
defined.
B. Definitions
Terms not otherwise defined in this Policy shall have the meaning given under •
the Minnesota Statutes or the Code of Federal Regulations.
1. EMPLOYEE means a person who performs services for the.City of
Rochester for compensation, in whatever form.
2. POLICE OFFICER any sworn peace or police officer, employed by the City
of Rochester, holding a valid Minnesota P.O.S.T. License.
3. EMPLOYER means the City of Rochester acting through its administration,
department heads or any of their designees.
4. JOB APPLICANT means a person, independent contractor, or person
working for an independent contractor, who applies to become an
employee of the City of Rochester and includes a person who has received
a job offer made contingent on the person passing drug or alcohol testing.
5. REASONABLE SUSPICION means a basis for forming a belief based on
specific facts and rational inferences drawn from those facts.
6. DRUG-FREE WORKPLACE means a site for the performance of work
done at which employees are prohibited from engaging in the unlawful
manufacture, distribution, dispensing, possession or use of a controlled
substance.
7. FEDERAL AGENCY or AGENCY means any United States executive
department, military department, government corporation, government
controlled corporation, any other establishment in the executive branch
.(including the Executive Office of the President), or any independent
regulatory agency.
8. GRANT means an award of financial assistance including a cooperative
agreement, in the form of money, or property in lieu of money, by a Federal
agency directly to a grantee. The term grant includes block grant and
entitlement grant programs, whether or not exempted from coverage under
the grants management government-wide regulation ("Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments"). The term does not include technical
assistance which provides services instead of money, or other assistance
in the form of loans, loans guarantees, interest subsidies, insurance, or
direct appropriations. Nor does the term include any veteran's benefits to
individuals, i.e. any benefit to veterans, their families or survivors by virtue
of the service of a veteran in the Armed Forces.
9. GRANTEE means a person who applies for or receives a grant directly
from a Federal agency.
10. INDIVIDUAL means a natural person.
• 11. WORKPLACE means the location, including a vehicle, where an employee
is normally or temporarily assigned in order to perform the functions of their
position.
C. Drug and Alcohol Related City Rules
These may include rules which apply specifically to a certain department as
defined in their departmental rules and regulations.
1. No employee shall use, possess,,sell, or transfer drugs, alcohol, or drug
paraphernalia, or be under the influence of any drug or alcohol while the
employee is working or while the employee is on the City's premises or
operating the City's vehicle, machinery, or equipment, except to the extent
authorized by a valid medical prescription, or when specifically authorized
(i.e. police officer) while engaged in an approved law enforcement activity.
It will not be considered a violation of the City's policy an employee
when
has been called to work outside of scheduled hours, and the employee has
disclosed to the supervisor his/her use of a legal substance which would
otherwise constitute a violation of this policy. The supervisor shall make a
determination under the circumstances if the employee shall report to work,
and what type of duty he/she will perform. In no case shall an employee
• be allowed to perform the functions of a safety-sensitive position. The
supervisor will properly document the time, date, employee's name,
reported substance ingested, and the supervisor's instructions to the
employee. (See — Disclosure of Substance Use form.)
2. As a condition of employment, no employees shall engage in the unlawful
manufacture, distribution, or dispensation of a controlled substance in the
City's workplace.
3. As a condition of employment, any employee convicted of any criminal
drug statute violation must notify the City no later than five days after such
conviction.
4. Any employee who receives a criminal drug statute conviction, if not
discharged from employment, must within 30 days satisfactorily enroll and
participate in a drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
5. The City shall notify any federal granting agency within ten days of
receiving notice of a criminal drug statute conviction from an employee or
otherwise receiving actual notice of such conviction.
D. Persons Subiect to Testing
No person will be tested for drugs or alcohol under this policy without the
person's consent. The City will request or require an individual to undergo drug
or alcohol testing onlyunder the circumstances described in this policy and in
Minnesota Statute SS 181.950 to 181.957. Refusal to undergo testing is
covered in Paragraph F of this policy.
E. Circumstances for Drug or Alcohol Testing
1. Job applicants: Job applicants may be requested or required to undergo
drug and alcohol testing after a job offer has been conditionally made and
before commencing employment in the position. Applicants will be
required to report for testing within 24 hours of a conditional job offer.
2. Reasonable suspicion testing: The City may request or require an
employee to undergo drug and alcohol testing if any supervisor has a
reasonable suspicion that the employee:
a. is under the influence of drugs or alcohol while the employee is
working, or is on the City's premises, or operating the City's vehicle,
machinery, or equipment; or
b. used, possessed, sold or transferred drugs; alcohol or drug
paraphernalia while the employee is working, is on the City's premises,
or is operating the City's vehicle, machinery, or equipment; or
•
c. has sustained a personal injury as that term is defined in MSS
176.011, Subd. 16, or has caused another person to die or sustain a
personal injury; or
d. has caused a work-related accident or was operating or helping to
operate machinery, equipment, or vehicles involved in a work-related
accident; or
*e. has discharged a firearm, and which logically or reasonably requires
such testing; or
f. has engaged in an act or omission related to the performance of the
job, whether committed on or off duty, that logically or reasonably
requires or justifies such testing.
*(applies specifically to employees whose job requires the use of firearms, i.e.
police officer.)
3. Random Testing: Employees who occupy safety-sensitive positions as identified
by the City shall be subject to controlled substances testing on a random selection
basis. Random controlled substances tests are unannounced and at least fifty
percent (50%) of the employees will be tested annually. Employees selected for
random controlled substances testing will be required to proceed to the
designated testing location immediately. A random controlled substances test
may be required at any time the employee is at work.
[Note: Employees selected for testing must proceed immediately to the testing
site. Employees shall be tested on work time and should use a City vehicle to
travel to and.from the collection site. If a City vehicle is not available the
employee will be reimbursed mileage for using his or her own vehicle. Employees
may be selected for more than one (1) test per year.]
3. Treatment program testing: The City may request or require an employee to
undergo drug and alcohol testing if the employee has been referred by the City for
chemical dependency treatment or evaluation or is participating in a chemical
dependency treatment program under an employee benefit plan, in which case
the employee may be requested or required to undergo drug or alcohol testing
without prior notice during the evaluation or treatment period and for a period of
up to two years following completion of any prescribed chemical dependency
treatment program.
F. Refusal to Undergo Testing
1. Job applicants: If a job applicant has been found qualified for a job with the City of
Rochester and offered that job based on successfully passing a drug or alcohol
test and refuses to undergo drug or alcohol testing requested or required by the
City, no such test shall be given, and the job applicant shall be deemed to have
. withdrawn the application for employment and refused the offer of employment.
2. Employees: If any employee refuses to undergo drug or alcohol testing required
by the City, no such test shall be given, and the department head shall
recommend to Human Resources or to the appropriate Civil Service Commission
(Police or Fire) if the employee is a sworn officer that the employee be discharged
(subject to approval of the City Administrator) from employment with the City of
Rochester on the grounds of insubordination.
3. Refusal on religious grounds: No employee orjob applicant who refuses to
undergo drug or alcohol testing of a blood sample upon religious grounds shall be
deemed to have refused unless the employee or job applicant also refuses to
undergo drug or alcohol testing of a urine sample.
[Note: See Drug and/or Alcohol Screening Refusal form.
G. Procedure for Testing
1. Acknowledgement and Consent Form: Before requesting an employee or job
applicant to undergo drug or alcohol testing, the City shall provide the individual
with a form on which to:
• acknowledge that the individual has seen a copy of the City's drug and alcohol
testing policy
• indicate consent to undergo the drug and alcohol testing •
[Note: See Drug and/or Alcohol Acknowledgement and Consent Form.]
2. Test sample: The usual sample for drug testing is freshly voided urine. The test
sample shall be obtained in a private setting, and the procedures for taking the
sample shall ensure privacy to employees and job applicants to the extent
practicable consistent with preventing tampering with the sample.
3. Identification of samples: Each sample shall be sealed into a suitable container
free of any contamination that could affect test results and be immediately labeled
with the subject's City employee number, be initialed by the subject, and be
signed and dated by the person witnessing the sample.
4. Laboratory: All drug or alcohol testing shall be performed by a laboratory which
participates in one of the programs listed in Minn. Stat. § 181.953 subd. 1. No test
shall be conducted by a testing laboratory owned and operated by the City of
Rochester.
5. Retention and storage: All samples that produced a positive test result, except
breath samples from an initial screening test, shall be retained and properly stored
for at least six months.
6. Test report: The testing laboratory shall prepare a written report indicating the
drugs, alcohol, or their metabolites tested for, the types of tests conducted, and .
whether the test produced negative or positive test results. The testing laboratory
• shall disclose that report to the City within three working days after obtaining the
final test results.
7. Notice of test results: Within three working days after receipt of the test result
report from the testing laboratory, the City shall inform an employee or job
applicant who has undergone drug or alcohol testing in writing of a negative test
result on an initial screening test, or of a negative or positive test result on a
confirmatory test. The City shall also inform an employee or job applicant, of the
right to request and receive from the City a copy of the test result report.
H. Rights of Employees and Job Applicants
1. In the case of a positive test result on a confirmatory test, the City shall also, at the
time of the written notice, inform the employee or job applicant of the right:
a. to request within five working days after notice of a positive test result, a
confirmatory retest of the original sample, at the same or another licensed
laboratory, at the subject's own expense;
b. to submit information to the City within three working days after a notice of a
positive test result, to explain that result; and
c. to not be discharged, disciplined, discriminated against, or required to be
rehabilitated on the basis of medical history information revealed to the City
concerning the reliability of, or explanation for, a positive test result unless the
employee or job applicant was under an affirmative duty to provide the
information before, upon, or after hire.
2. An employee shall be notified of the right:
a. to not be discharged following a positive test result on a confirmatory test
which was the first such result on a drug or alcohol test requested by the City,
unless the City has first given the employee an opportunity to participate in
either a drug or alcohol counseling or rehabilitation program. The employee
may be discharged if he/she has either refused to participate in the counseling
or rehabilitation program or has failed to successfully complete the program;
b. to be reinstated with back pay if the outcome of the confirmatory or requested
confirmatory retest is negative;
c. to not be discharged, disciplined, discriminated against, or required to be
rehabilitated on the basis of medical history information revealed to the City
concerning the reliability of, or explanation for, a positive test result unless the
employee or job applicant was under an affirmative duty to provide the
j information before, upon, or after hire; and
d. to access the information in his/her personnel file relating to positive test result
. reports and other information acquired in the drug and alcohol testing process
including conclusions drawn from and actions taken based on the reports or •
other acquired information.
3. A job applicant, who has received a job offer made contingent on the applicant
passing drug testing, shall be notified in writing of the right to not have the offer
withdrawn based on a positive test result from an initial screening test that has not
been verified by a confirmatory test. .
I. Action After Test
1. Job applicants: Where there has been a positive test result in a confirmatory test
and in any confirmatory retest, the City will withdraw the contingent offer of
employment.
2. Employees: The City will not discharge, discipline, discriminate against, or
request or require rehabilitation of an employee solely on the basis of a positive
test result from an initial screening test that has not been verified by a
confirmatory test. Where there has been a positive test result in a confirmatory
test and in any confirmatory retest, the City will do the following:
a. First offense: The employee will be given an opportunity to participate in
either a drug or alcohol counseling or rehabilitation program, whichever is
more appropriate. The employee may determine which program is more
appropriate after consultation with a certified chemical use counselor or a
physician trained in the diagnosis and treatmept of chemical dependency. •
Participation in a counseling or rehabilitation program will be at the
employee's own expense or pursuant to coverage under an employee's
benefit plan.
The Department Head will recommend to Human Resources that the
employee be discharged (subject to approval of the City Administrator) if the
employee refuses to participate in the counseling or rehabilitation program, or
has failed to successfully complete the program.
Failure to successfully complete the program is evidenced by withdrawal from
the program before its completion, a failure to cooperate with the
recommendations of the substance abuse professional, or a positive test
result on a confirmatory test after completion of the program.
b. Second offense: The Department Head will recommend to Human
Resources that the employee may be discharged (subject to approval of the
City Administrator).
c. Administrative leave and transfers: Notwithstanding any other provisions
herein, the City may place the tested employee on administrative leave or
transfer that employee to another position at the same rate of pay pending the
outcome of the confirmatory test and, if requested, the confirmatory retest,
provided the City believes that it is reasonably necessary to protect the health
• or safety of the employee, coworkers or the public.
d. Other evidence of misconduct: Nothing in this policy limits the right of the City
to discipline or discharge an employee on grounds other than a positive test
result in a confirmatory test, subject to the requirements of law, the rules of
the Civil Service Commission and the terms of any applicable collective
bargaining agreement.
J. Data Privacy
The City will not disclose the test result report and other information acquired in the
drug or alcohol testing process to another employer or to a third party individual,
governmental agency, or private organization without the written consent of the
employee tested, unless permitted by law or court order.
K. Appeals Procedure
Available appeal procedures concerning actions taken pursuant to this drug and
alcohol testing policy shall vary based on the individual and their status i.e.
probationary, full-time/part-time employee, applicant, sworn/non-sworn officer, veteran
and non-veteran, union and non-union. It shall not be the intent of this policy to limit or
deny anyone's legal appeal procedure available to him or her.
• Appeal procedures are as follows:
1. Job Applicants: Applicants not covered by police or fire civil service rules and
regulations who have received a job offer made contingent on passing required
drug or alcohol tests and who do not,pass shall not have any appeal process
within the organization. However the applicant will be allowed to submit in writing
any information which it is felt will explain the results of the test to Human
Resources for review by the Director of Human Resources and the City Attorney.
2. Probationary employees who violate the drug and alcohol policies of the City or
refuse to submit to a test based on having been under the influence or reasonable
suspicion shall have no right of appeal within the organization.
3. All employees who have successfully completed the probationary period
applicable to their position and who violate the City of Rochester's policy related to
the use of alcohol or drugs shall have whatever appeal procedure available to
them based on their legal status and position within the organization, such as:
a. union member
b. non-union member
c. veteran
. d. non-veteran
Each individual will be made aware of the appeal procedure available to them •
when an action i.e., suspension, demotion or termination is being considered.
L. Alcohol and Controlled Substances Program Manager
The Employee Relations Director will coordinate the implementation, direction, and
administration of the City's Drug and Alcohol Testing policy. The Director of Human
Resources is the principal contact for the collection site, the testing lab, the Medical
Review Officer, the Breath Alcohol Technician and the person tested. Employee
questions concerning this policy should be directed to the Director of Human
Resources.
Employee Assistance
Drug and alcohol counseling, rehabilitation, and employee assistance are available
through the City of Rochester Employee Assistance Program. Any employee who is
seeking assistance should contact the City Human Resources Department.
M. Notice of Policy
The City of Rochester shall provide written notice of its drug and alcohol testing policy
to all affected employees upon adoption of the policy. Job applicants will be provided
written notice before any testing of the applicant. The City shall also post notice in an
appropriate and conspicuous location on the City's premises that the City has adopted
a drug and alcohol policy and that copies of the policy are available for inspection.
•
• MOTOR VEHICLE DRUG AND ALCOHOL TESTING POLICY
A. General Policy
This policy shall apply to all City of Rochester employees who are required to
maintain a Commercial vehicle driver's license: under state law, personnel policy,
or civil service rules and regulations; hereinafter referred to as "employee". This
policy is meant to comply with the Federal Highway Administration Controlled
Substances and Alcohol Use and Testing Regulations (49 C.F.R. Part 382) and
Minnesota Statutes S 181.950 - 181.957).
B. Prohibited Alcohol Use Regulations
1. Employees are prohibited from performing safety-sensitive functions:
a. while having a breath alcohol concentration of 0.04 percent or greater as
indicated by an alcohol breath test,
b. while using alcohol,
c. within four (4) hours after consuming alcohol,
d. if the employee refuses to submit to an alcohol test, or
e. within eight (8) hours after an accident or until completing an alcohol breath
test if the employee is required to be tested as a result of involvement in the
accident.
[Note: Safety-sensitive function means all the time from the time a driver
begins to work or is required to be in readiness to work until the time he or
she is relieved from work.]
2. Any employee subject to this policy who violates any of these regulations will be
prohibited from performing a safety-sensitive function until he/she has met the
conditions for returning to safety-sensitive duty.
C. Alcohol Testing
The following alcohol tests (See City Personnel Policy - Drug and Alcohol Testing)
are required under this policy:
1. Post-Accident Testing: An alcohol test will be conducted as soon as practicable
after any accident on any employee who receives a citation for a moving traffic
violation in connection with the accident. An alcohol test will also be required
for any employee involved in a fatal accident even if the employee is not cited
for a moving traffic violation. A breath or blood test for use of alcohol
administered by police or public safety officials may be substituted for any post-
accident test.
2. Reasonable Suspicion Testing: An alcohol test will be conducted whenever a .
supervisor, department head or other City official has reasonable suspicion to
believe an employee has violated any prohibited alcohol use regulation set forth
above. Reasonable Suspicion means at least one supervisor or City official has
observed behavior, appearance, speech or odors that are characteristic of
alcohol use.
3. Random Testing: On an unannounced basis, random alcohol tests will be given
to employees just before, during or just after driving assignments. At least
twenty-five percent (25%) of all employees will be subject to random testing
each year. Employees selected for testing must proceed immediately to the
testing site. If a City vehicle is not available the employee will be reimbursed
mileage for using his or her own vehicle. Employees may be selected for more
than one (1) test per year.
[Note: The regulations provide for modification of the random testing rate
depending on the rate of violations in each jurisdiction subject to the
regulations. The random testing rate could be adjusted upward to fifty percent
(50%) or downward to ten percent (10%).]
4. Return-to-Duty and Follow-up Testing: Every person returning to work after
violation of any prohibited alcohol use regulation set forth above is required to
submit to an alcohol test. An employee will not be allowed to return to duty
unless the alcohol test shows an alcohol concentration less than 0.02 percent.
In addition, a person returning to work after violating any prohibited alcohol use
rule will be subject to a minimum of at least six (6) unannounced follow-up
alcohol tests during the first twelve (12) months after an employee returns to
duty. Follow-up testing can, under the circumstances permitted by the federal
regulations, be extended for a period of sixty (60) months following the return to
duty.
D. Prohibited Controlled Substances Use Regulations
1. No employee shall report for duty or remain on duty when the employee has
used or uses any controlled substance. An exception exists when use of the
controlled substance is pursuant to the instructions of a physician who has
advised the employee that the substance does not adversely affect the
employee's ability to safely operate a City motor vehicle.
2. No employee shall report for duty or remain on duty if the employee tests
positive for any controlled substance.
3. An employee who tests positive for a controlled substance is medically
unqualified to operate a City motor vehicle. A refusal to be tested is treated as
a positive test and an employee who refuses to submit to a required drug test
shall not be permitted to operate a commercial motor vehicle. .
• E. Controlled Substances Testing
The following drug tests (See City Personnel Policy- Drug and Alcohol Testing) are
required under this policy:
1. Pre-employment Testing: All job applicants, including persons currently
employed by the City of Rochester, applying for a job where duties include
operating commercial motor vehicles are required to undergo testing for
controlled substances. The job offer will be contingent upon a negative drug
test report. An applicant is not required to submit to a pre-employment
controlled substance test if:
a. the applicant has participated in a controlled substances testing program
that meets the requirements of this policy within the preceding thirty (30)
days, and
b. while participating in that testing program was tested within the preceding
six (6) months or participated in a random controlled substances testing
program continuously for the preceding twelve (12) months, and
C. if the City of Rochester verifies that no prior employer of the applicant has
any record of a violation of controlled substance use rules of any
Department of Transportation agency in the preceding six (6) months.
. [Note: In order to rely on the pre-employment controlled substances test
exception, the City must contact the controlled substances testing program in
which the applicant has participated and obtained the following information: (1)
the name and address of the program(s); (2) verification of the applicant's
participation in the program(s); (3) verification that the program(s) conform to
the federal regulations; (4) verification that the applicant is qualified under the
federal regulations; (5) the date the applicant was last tested for controlled
substances; and (6) the results of any controlled substances test taken within
the last six (6) months and a record of any violations of the alcohol and
controlled substances use regulations.)
2. Post-Accident Testing: A controlled substance test will be conducted as soon
as practicable after any accident on any employee who receives a citation for a
moving traffic violation in connection with the accident. A controlled substances
test will also be required for any employee involved in a fatal accident even if
the employee is not cited for a moving traffic violation. A urine test for drugs
administered by police or public safety officials as a result of the accident may
be substituted for a post-accident controlled substances test.
3. Random Testing: All employees shall be subject to controlled substances
testing on a random selection basis. Random controlled substances tests are
unannounced and at least fifty percent (50%) of the employees will be tested
annually. A random controlled substances test may be required at any time the
employee is at work. Employees selected for testing must proceed immediately
to the testing site. Employees shall be tested on work time and should use a •
City vehicle to travel to and from the collection site. If a City vehicle is not
available the employee will be reimbursed mileage for using his or her own
vehicle. Employees may be selected for more than one (1) test per year. Tests
shall be spread reasonable throughout the year.
4. Reasonable Suspicion Testing: An employee shall be required to submit to a
controlled substances test when the Employer (City of Rochester) has
reasonable suspicion to believe the employee has violated the controlled
substances regulations described above. Reasonable suspicion means that at
least one supervisor or City official has observed behavior, appearance, speech
or odors that are characteristic of controlled substances misuse.
5. Return-to-Duty and follow-up Testing: An employee returning to work after
violation of any controlled, substances regulation is required to submit to a
return-to-duty controlled substances test. An employee will not be allowed to
return to work unless the controlled substances test is negative for controlled
substances. An employee returning to work after any violation of the controlled
substances regulation will be subject to a minimum of at least six (6)
unannounced controlled substances test during the first twelve (12) months
after returning to work. Follow-up testing can, under the circumstances set forth
in the federal regulation, be extended for a period of sixty (60) months following
the return to work.
F. Consequences of Engaging in Prohibited Alcohol or Controlled Substances Use •
1. Every employee who engages in any violation of the prohibited alcohol or
controlled substances use regulations will be immediately removed from duty.
Every employee who has violated any regulation cannot return to duty until
he/she has been evaluated by substance abuse professional and complied
with all treatment recommendations.
2. At a minimum, an employee who has violated the prohibited alcohol use rules
will not be allowed to return to duty unless a return-to-duty alcohol test show an
alcohol concentration of less than 0.02 percent. At a minimum, an employee
who has violated the controlled substances abuse rules will not be allowed to
return to duty unless a return-to-duty controlled substances test shows a
verified negative result from controlled substances. The City of Rochester will
also take appropriate disciplinary measures, up to and including discharge of
any employee who has violated the prohibited alcohol or controlled substances
regulations.
3. In addition, employees who are found to have an alcohol concentration greater
than 0.02 percent, but less than 0.04 percent when tested before, during or
after driving duties must be removed from driving duty for twenty-four (24)
hours.
4. The first time an employee has a confirmed positive test result, they will be
• PP
an given opportunity to participate in, at their own expense or, if applicable,
9
pursuant to coverage under an employee benefit plan, if any, a drug or alcohol
program, whichever is deemed more appropriate by the City of Rochester. If
the employee refuses to participate or fails to successfully complete the
program or fails to maintain sobriety or drug free status after completing the
program, the employee will be subject to immediate discharge.
G. Refusal to Test
If an employee refuses to submit to a test required under this policy, he/she shall be
subject to discipline, up to and including discharge, and the fact of his/her failure or
refusal may be used as evidence against him/her. In addition, an employee who
refuses to submit to a lawfully required alcohol test will not be permitted to operate a
City motor vehicle. Such refusal will be treated as a positive test and the employee
will be deemed to be medically unqualified to operate a City motor vehicle. Failure
to provide adequate breath without a valid medical explanation constitutes a refusal
to submit to an alcohol.test. Engaging in conduct that clearly obstructs any drug or
alcohol testing process also constitutes a refusal to submit to a test. In addition,
any employee subject to post-accident drug and/or alcohol testing who leaves the
scene of an accident before a test is administered or fails to remain readily available
for testing may be deemed to have refused to submit to testing. Such a refusal will
be treated as if the employee had a verified positive controlled substances test
• and/or had an alcohol test result of 0.04 percent or greater.
[Note: See Drug and/or Alcohol Screening Refusal form.]
H. Dilute Samples
If an employee or applicant provides a dilute specimen for testing, the individual will
be required to submit to additional testing.
I. Failure to Provide Adequate Specimen
If the employee or applicant fails to provide an adequate specimen for testing, the
individual will be required to remain at the testing facility and drink fluids until such
time as an adequate sample is given. If the individual is unable to provide a sample
within three hours, the individual will be treated as though he/she produced a
positive result unless medical certification is provided that indicates the individual
has a medical condition that precludes him/her from producing an adequate
specimen.
J. Confidentiality
Driver drug and alcohol testing records are confidential. Test results and other
confidential information will be disclosed to the driver; a substance abuse
professional, and any other person or entity as authorized by law. Any other
disclosure of testing information shall require the employee's consent.
K. Alcohol and Controlled Substances Program Manager
The Director of Human Resources will coordinate the implementation, direction, and
administration of the City's Motor Vehicle Drug and Alcohol Testing policy. The
Director of Human Resources is the principal contact for the collection site, the
testing lab, the Medical Review Officer, the Breath Alcohol Technician and the
person tested. Employee questions concerning this policy should be directed to the
Director of Human Resources.
L. Employee Assistance Program
The City of Rochester encourages any employee with any problem relating to
alcohol or controlled substances use to seek professional help. Employees seeking
assistance with such problems are urged to contact Human Resources and/or the
CENTER FOR EFFECTIVE LIVING; 1027 N.W. 7th Street, Rochester; (507) 288-
5675.
M. Record keeping
All records related to the administration and results of this policy will be maintained
for a minimum of five (5) years; with the exception that individual negative test
results will only be maintained for a minimum of one (1) year.
•
EMPLOYEE PARKING/TRANSIT POLICY
The City will assist regular full-time, regular part-time, and other designated
employees with the cost of parking a vehicle while working, subject to the
availability of parking, or with the cost of transit options. The charge for parking, if
any, while employed by the City of Rochester will be determined by City
Administration and the Parking/Transit Division staff.
A newly hired employee will be asked to consider the various parking and transit
options including City bus, Park `N Ride, and the commuter bus and identify a
choice for employer subsidy during new employee orientation provided by Human
Resources staff. A City employee whose spouse works for Mayo may use the
shuttle when both park at a Mayo parking facility/site.
An employee who completes 25 years of City service will be offered free parking in
any surface lot.
Employees wishing to change their initial choice for parking or transit subsidy may
be placed on a waiting list for a particular lot. The Parking/Transit Division staff in
Public Works maintains the waiting lists and will notify an employee when his/her
• choice becomes available.
The City Administrator may assign a short-term or long-term designated parking
space to a City employee whose restricted mobility, unique circumstances
connected to infra-city travel requirements, or work assignment make such an
assignment necessary.
In order to enhance employee safety and reduce City liability, employees walking to
and from employer-sponsored parking lots must cross public roadways at
designated crosswalks only. Failure to use designated crosswalks or allowing a
non-City employee to use a City-issued parking tag or City-issued transit pass may
result in disciplinary action by the department head, manager, or supervisor.
City employees will regularly display their parking tags. Employees who park in
City-designated spaces in the surface lots without displaying their tag may be
ticketed.
•
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