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13 - PERSONNEL POLICY REVISIONSItem No. 13 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: PERSONNEL POLICY REVISIONS DATE: November 9, 2015 BACKGROUND: We have two minor personnel policy revisions that need to be implemented, and because the city council changed procedures in 2013 to require council action on all changes, the full council needs to approve both of them. STATUS OF ISSUE: The first relates to breastfeeding issues in the workplace. Federal and state law, as well as our desire to promote and maintain a healthy and supportive workplace, necessitates a policy that addresses accommodating this need in a professional, safe, and sanitary manner. The second change addresses an inconsistency between our policy and civil service rules. Specifically, a suspended employee must exhaust all appeal rights before he /she is paid for accumulated vacation or accrued sick leave. BUDGET: NA. RECOMMENDATION: Approved attached revisions. Where costs can be determined in advance of travel, the Council member may request an advance of the designated costs, provided such request is received by the Finance office at least ten (10) working days prior to the travel. Otherwise, all costs will be reimbursed to the Council member following the event. Any advances must be reconciled within 10 business days of the event completion. If money is owed to the City, it must be repaid within this same 10 day period. 1. The City provides standardized request forms for both reimbursement and advance of business and travel expenses. These forms must be signed by the requesting Council member. If actual expenses are being reimbursed, receipts must be provided for all items. 2. Non - reimbursable expenses include, but are not limited to, hotel movies, alcoholic beverages, and laundry services. SECTION 14.22 — Breastfeeding Poli cy The City of Paris recognizes a mother's responsibility to both her job and her child and shall make reasonable accommodations for the needs of a breastfeeding employee. It is the policy of the City of Paris to comply with all state and federal laws as they relate to workplace breastfeeding. A. Duration: The City will accommodate the breastfeeding related needs of employees for a period up to one year from the birth of a child, including access to appropriate facilities, time, and assistance with equipment and storage. B. Accommodations: The City will provide accessible, adequate, and private facilities other than a multiple user bathroom, for the employee's breastfeeding related needs. Each designated space will be shielded from view and free from intrusion from other employees and the public. The facility shall be equipped with a comfortable place to sit, electrical outlet and locking door. The area will have nearby access to safe, clean water source for washing hands and cleaning pump equipment. A refrigerator will be made available for storing breast milk and/or employee's personal cooler. C. Break Time: Normally scheduled break times and lunch periods for non - exempt employees will be primarily utilized for milk expression, with additional unpaid time utilizing leave time or time to be made up by the employee as mutually agreed upon by the employee and the supervisor. Employee must be completely relieved from duty during unpaid time. Break times can be combined and redistributed if needed and as agreed upon by the employee and her supervisor. D. Discrimination: The City is prohibited from suspending, termination, or otherwise discriminating against the employee because the employee has asserted the employee's rights under this policy. A. Except in extraordinary circumstances, vacation time must be requested at least one week in advance. B. Employees being laterally transferred, promoted or demoted retain accrued vacation leave. C. Vacation leave is not advanced to employees. Vacation leave cannot be transferred. D. During vacation leave, the employee is paid the equivalent rate of his/her regular salary. E. If a holiday falls within an employee's vacation time, the leave is not charged to vacation. F. No employee may accrue more than 40 days of vacation leave. G. No employee is paid for unused vacation leave if the employee leaves City employment during the first year of employment. Upon termination, employees in good standing with more than one (1) year of continuous employment will be paid for any unused vacation up to the maximum accrual of forty (40) days. J. Vacation leave is not accrued while the employee is on leave without pay or on Worker's Compensation unless the employee is also taking paid leave. K. A Civil Service employee who is temporarily suspended or indefinitely suspended shall exhaust all appeal rights before any payment of accumulated vacation. SECTION 14.04 — Attendance Holidays Interruption of work programs caused by employee absence is costly. In order to encourage work attendance, certain employees will earn one (1) attendance holiday after the completion of each quarter of the City's fiscal year subject to the following policies: A. All qualified employees who have not taken sick leave, military leave, funeral leave, workers compensation leave, leave without pay, injury leave or vacation pay in lieu of sick leave during the work quarter will receive an Attendance holiday. Any Family Medical Leave taken during the quarter will disqualify an employee from earning an Attendance holiday. A disciplinary suspension during the work quarter does not disqualify an employee from earning the attendance holiday B. Attendance holidays will be taken after prior approval has been received from the supervisor. C. Only full time employees are eligible for Attendance holidays. A. Sick leave may not be traded for compensatory or vacation time. B. Sick leave may not be transferred. The City does not maintain a sick leave pool. C. Maternity leave will be treated like any other illness. D. Sick leave cannot be used while off the job due to a work related injury except for Civil Service employees as specified in Civil Service Law. E. Sick leave is not accrued while the employee is on leave without pay or on Worker's Compensation unless the employee is also taking paid leave. F. A Civil Service employee who is temporarily suspended or indefinitely suspended shall exhaust all appeal rights before the City is obligated to pay any accumulated civil service sick leave as prescribed under Chapter 143. G. On November 1St of each year, employees not regulated by the City of Paris Civil Service System, may at his/her option sell back certain portions of accrued sick leave. Criteria for the sell back eligibility are as follows: 1. The employee must have accumulated at least thirty -five (35) days of unused sick leave as of October 1. Sick leave accumulated prior to 9 -30 -13 may be used to meet the thirty -five (35) day minimum balance requirement. However, sick time accrued prior to 9 -30 -13 will not be eligible for sell back. 2. Only full, regular days of sick leave and no less than five (5) days up to a maximum of ten (10) days may be sold back at one time. 3. Compensation rate for the sell back will be 50% of total pay rate on the date the check is processed. 4. Sick leave balance used for sell back calculation is the amount accrued on October 1, of each year. 5. Employees who have used more than five (5) days of sick leave during the twelve (12) month period immediately prior to October 1, are not eligible for sell back that year. 6. In no case can sick leave balance after sell back be less than thirty (30) days. 7. In order to be eligible for sell back, the employee must be employed on the date the sell back pay is paid. Upon termination, an employee is not entitled to be paid for accumulated sick leave.