H7. Resolution 6123, FMLA Policy ChangeCITY OF
KALISPELL
Human Resources
201 1st Avenue East, PO Box 1997
Kalispell, MT 59903
Phone: (406) 758-7757
dmichel@kalispell.com
www.kalispell.com
REPORT TO: Doug Russell, City Manager
FROM: Denise Michel, Human Resources Director
MEETING DATE: March 6, 2023
RE: Resolution to amend the Personnel Policy Handbook related to a Family
Medical Leave Act Policy
BACKGROUND:
Our municipality currently has Employment Practices Coverage (EPC) via endorsement. This
endorsement expands our current MMIA Liability Coverage to include defense and indemnity
costs for employment practices as defined in Section 12.2 of the Memorandum of Liability
Coverage. To maintain the endorsement, our municipality must submit a renewal application,
along with any documentation of changes that have occurred since the last renewal review.
A required change for some member -owners for the 2023 renewal include updates to their Family
Medical Leave Act (FMLA) policy to ensure compliance with 2-18-615 Montana Code
Annotated.
The City of Kalispell's Personnel Policies Handbook required an update to Section 60-9, Family
and Medical Leave, Section VII, Pay and Benefit, ii. Language was removed that stated an
employee will be required to use accrued leave. Language was added to reflect only sick leave is
required to be used if applicable, but the employee may elect to use other accrued banks.
The City has always been in compliance with Montana Code Annotated 2-18-615, and only
requires sick leave to be used if applicable, and vacation/personal leave banks have only been
utilized when requested by the employee.
RECOMMENDATION: Approve Resolution 6123, amending the City of Kalispell Personnel
Policies Handbook by revising Section 60-9 Family and Medical Leave.
ATTACHMENTS: Resolution 6123 with Exhibit A
RESOLUTION NO. 6123
A RESOLUTION AMENDING RESOLUTION 5917, THE CITY OF KALISPELL PERSONNEL
POLICIES HANDBOOK, BY REVISING SECTION 60-9, FAMILY AND MEDICAL LEAVE.
WHEREAS, it is in the best interests of the citizens of the City of Kalispell, and employees of the City
of Kalispell, that all policies relating to persons working for the City of Kalispell be
placed and expressed in a Personnel Policies Handbook; and
WHEREAS, on May 2, 1994, the City Council adopted Resolution No. 4150, first adopting a
Personnel Policies Handbook applicable to all City employees; and
WHEREAS, since then the Personnel Policy Handbook has been updated by amendment a number of
times and was last revised on April 15, 2019 when the City Council adopted Resolution
No. 5917; and
WHEREAS, the City is covered under the Montana Municipal Interlocal Authority's (MMIA)
Employment Practices Coverage (EPC); and
WHEREAS, MMIA is required to complete a renewal process and has adopted new underwriting
criteria for the endorsements covered in the EPC and therefore has recommended one
change to the City of Kalispell Personnel Policy Handbook.
WHEREAS, the City Council finds that the proposed changes attached hereto as Exhibit "A", is an
appropriate and necessary addition to the City of Kalispell Personnel Policy Handbook.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. That the Personnel Policies Handbook established by Resolution No. 5917 is
hereby amended by revising Section 60-9, Family and Medical Leave, as
referred to in Exhibit "A", and is fully incorporated by this reference into the
official Personnel Policies Handbook of the City of Kalispell, Montana.
SECTION 2. This Resolution shall become effective immediately upon its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF MARCH, 2023.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
SECTION 60-9
VIIL Pay and Benefits
a. Pay
EXHIBIT A
i. Family and Medical Leaves shall be recorded on time sheets as it is taken.
Family and Medical Leaves are not paid leaves. However, an employee may
substitute a paid leave for which the employee is eligible for an otherwise unpaid
leave. Such a substitution will be counted against the employee's use of leave.
The leave will remain subj ect to all protections that would apply if the leave was
taken on an unpaid basis. For example, if the Family and Medical Leave is paid
leave from accrued vacation or sick leave, it shall be recorded as both on the
time sheet and deducted from both. Family and Medical Leave will run
concurrently with vacation or sick leave and time off for worker's compensation
injuries. Employees who seek paid leave will need to meet the notice and
qualification requirements under the paid leave policy.
ii. If sick leave is not available or the FML does not
qualify for sick leave, but an employee is eligible for accrued paid leave such as
vacation pay or paid personal days, the employee may
elect to use that accrued leave during a leave under this policy. „„+i' that',..., .
EFFECTIVE: May 3, 1994; REVISED: Resolution 44832 - September 15, 2003;
Resolution 45468 - January 3, 2011; REVISED: Resolution 46123