Resolution 5758 - Revises Personnel Policies HandbookRESOLUTION NO.5758
A RESOLUTION REVISING RESOLUTION 5716, AMENDING THE CITY OF KALISPELL
PERSONNEL POLICIES HANDBOOK BY REVISING SECTION 30-1 TYPES OF
EMPLOYMENT AND ELIGIBILITY FOR BENEFITS, AND SECTION 60-5, LEAVE OF
ABSENCE WITHOUT PAY.
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 20, 2015, when the City Council adopted Resolution
No. 5716; 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 two
changes 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. 5716 is
hereby amended by revising Section 30-1, Types of Employment and Eligibility
for Benefits, and Section 60-5, Leave of Absence without Pay, 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 18TH DAY OF APRIL, 2016.
r
Mark John o
Mayor
ATTEST:
Aimed Brunckhorst, CMC
City Clerk
EXHIBIT "A"
SUBJECT: TYPES OF EMPLOYMENT AND ELIGIBILITY FOR BENEFITS
I. PURPOSE:
To establish guidelines and definitions for types of employment and for entitlement to
benefits.
II. STATEMENT OF POLICY:
a. The types of City employment are:
i. Probationary Employee: A newly hired employee during the initial period
of employment. All newly hired City employees are on a probationary status
which, unless provided otherwise union agreement or other documents,
extends for six (6) months, or in certain cases, one (1) year, from the date of
hire. Probationary periods may be extended under special circumstances.
ii. Regular Full -Time Employee: An employee who has successfully
completed the initial probationary period, is assigned to a position which is
expected to continue for an indefinite duration, and works a shift schedule
which totals no less than 2080 hours per year.
iii. Regular Part -Time Employee: An employee who has successfully
completed the initial probationary period, is assigned to a position which is
expected to continue for an indefinite duration, and works a shift schedule
of 20 hours or more, but less than 40 hours, per week.
iv. Temporary Full -Time Employee: An employee whose work assignment is
limited in duration to twelve months or less, and works a shift schedule
which on an annual basis would total no less than 2080 hours.
v. Temporary Part -Time Employee: An employee whose work assignment is
limited in duration to six months or less, and works a shift schedule which
on an annual basis would total less than 2080 hours.
vi. Student Intern Employee: An employee who is regularly enrolled as a
student in a recognized educational institution and is assigned to a full or
part-time position which, in the case of post -secondary students, is related to
the student's course of study and which will continue for not longer than the
then current semester or term at the student's school; provided, however,
that subsequent work assignments may be made for the same student for
periods which correspond to the student's subsequent semester or term.
vii. Seasonal Employee: An otherwise permanent employee designated by the
City as seasonal, who performs duties interrupted by the seasons, and who
may be recalled without the loss of rights or benefits accrued during the
preceding season.
viii. Short-term Employee: An employee who is not eligible for permanent
status, and who may not be hired into another position by the City without
a competitive selection process may not work for the city for more than 90
days in a continuous 12-month period.
ix. Transitional Employee: A city employee who has been temporarily
reassigned to duties other than his normal duties under the city's Early -
Return -to -Work Policy.
x. Recurrent Seasonal Employee: An employee who would be considered an
on -call as designated by the City and who; has worked previously for the
City, performs duties interrupted by at least one season, works less than 960
hours in a calendar year, and who may be recalled without the loss of rights
or eligibility for health insurance benefits, so long as that employee
maintains those benefits during the period when not working for the City.
Employees who do not maintain those benefits shall not be eligible for
reinstatement of said benefits.
b. Employee compensation shall be stated in terms of annual or monthly salary
or hourly wage.
c. Entitlement to employee benefits shall be as follows:
i. Regular full-time employees shall receive all employee benefits provided by
the City; provided, however, that represented employees shall receive only
those benefits provided for by the labor agreement.
ii. Probationary employees, who, upon successful completion of their initial
probationary periods will be regular full-time employees, shall be entitled to
the same benefits as regular full-time employees, subject to the applicable
eligibility provisions and time periods.
iii. Regular part-time and seasonal employees may be entitled to pro rata
vacation, holiday, and sick leave benefits provided, however, that
represented employees shall receive only those benefits provided by the labor
agreement. Probationary part-time employees, who, upon successful
completion of their initial probationary periods, will be regular part-time
employees, shall be entitled to the same benefits as regular part-time
employees, subject to applicable eligibility provisions and time periods.
iv. Service time with other city, county or state agencies does not add to an
employee's continuous service with the City of Kalispell. However,
according to State law, Section 2-18-612, MCA, vacation leave credits must
be calculated based on the total years of employment with any city, county,
or state agency in the State of Montana. Such time will be credited to an
employee's records upon receipt of a certified statement from the employing
agency, stating time of service and dates.
v. An approved leave of absence without pay will not interrupt the
accumulation of continuous service, provided the employee meets the
conditions required by the City for such leaves.
d. Employees taking unpaid leave without pay, temporary disability leave, or
Family and Medical Leave, shall not accrue sick leave or vacation time while
on such leave.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution #<NEW REVISION DATE?>
SECTION 60-5
SUBJECT: LEAVE OF ABSENCE WITHOUT PAY
PURPOSE:
a. To establish procedures by which an employee may request a voluntary leave
of absence from employment with the City.
b. To establish conditions under which approved requests for a voluntary leave of
absence are administered.
c. To formalize past city practice regarding employment of city employees on
extended temporary disability leave, resulting from illness or injury to the
employee.
II. STATEMENT OF POLICY:
a. Voluntary Leaves Without Pay -Employee "Sabbaticals."
i. Requests for a voluntary leave of absence without pay shall be in writing
and shall state specifically the reasons for the request, the date desired
to begin the leave, and the date of return. The request shall normally be
submitted by the employee to the affected department head. The
department head shall recommend to the City Manager whether the
request should be granted, modified, or denied. The City Manager shall
then make a decision based upon the best interest of the City, giving due
consideration to the reasons given by the employee, and the
requirements of any applicable state and federal laws.
ii. The City Manager may grant a full-time regular employee a leave of
absence without pay not to exceed ninety (90) days for non -medical
purposes. Non -medical leave is unpaid leave time for career
advancement, personal or family situations. Such leaves may be granted
after vacation accrual has been exhausted. Sick leave accruals may not
be used for non -medical leaves.
iii. No sick leave, holiday, vacation benefits or any other fringe benefits
shall accrue while the employee is on leave of absence without pay.
iv. All time in leave of absence is credited toward an employee's service
time for the purpose of determining their earning rates. Service to the
City is not interrupted by authorized leave of absence.
v. Time on leave of absence is not allowed in computing service time for
retirement purposes under Public Employees' Retirement System.
vi. Any employee on an approved leave of absence may continue his or her
medical, dental and optical insurance coverage by paying the full cost
to the City in advance for each month or portion thereof for which he
or she is absent, subject to limitations set by the insurance carrier.
vii. Upon expiration of the leave of absence, the employee shall be
reinstated in the position held at the time the leave was granted or
another equivalent position.
viii. Upon extenuating circumstances, the appointing authority may grant an
extension of a leave period upon written request by the employee. Such
extension may not exceed three months and will be based on
departmental as well as employee considerations.
ix. Employees who fail to return to work on the date specified in the leave
request without receiving an extension in advance are subject to
disciplinary action up to and including termination.
b. Extended leaves of absence resulting from illness or injury.
i. Leaves of absence for temporary disability resulting from work -related
illness or injury lasting more than thirty (30) consecutive days, shall be
considered extended disability leaves of absence without pay under this
policy.
ii. Any city employee suffering a work -related illness or injury for which
Worker's Compensation wage loss benefits are paid for more than thirty
(30) consecutive days, shall be entitled to request a leave without pay
for up to twelve (12) months, inclusive of leave time permitted under the
city's policy for Family and Medical Leave (FMLA). Medical
certification of the condition shall be submitted to the city and may be
executed by a person licensed by the State of Montana to practice
medicine, osteopathy, podiatry, dentistry, clinical psychology,
optometry, or chiropractic, or by a nurse practitioner or nurse midwife
authorized by State law, or Christian Science practitioners appropriately
listed.
iii. Such extended leave requests shall be made, in writing, to the affected
employee's department head, who will then review and forward such
request to the City Manager, together with a recommendation, taking
into consideration the affected department's staffing needs and burdens
placed on other employees. The City Manager shall then make a
decision regarding the employee's status based upon the best interest of
the City, giving due consideration to the reasons given by the employee,
and the requirements of any applicable state and federal laws.
iv. Extended temporary non job related disability leave without pay will be
considered or granted only after the affected employee has exhausted all
appropriate leave, compensatory time, and FMLA benefits. However,
an employee cannot be required to exhaust annual leave balances for
reasons of illness unless the employee agrees per MCA 2-18-615.
v. If granted, the employee shall submit physician re -certifications of the
medical condition no more than once each thirty (30) days while on
leave.
vi. Re -certifications may be obtained earlier than every thirty (30) days if
1. circumstances described by the previous certification have
changed significantly (e.g., duration, frequency, or severity of the
condition); or
2. the employer receives information that casts doubt on the
employee's stated reason for the absence.
vii. Before returning to work, the employee must receive full medical
clearance from a physician confirming his ability to perform all
necessary duties of his former position.
viii. It is a condition of employment with the City, that the employee be able
to perform essential duties of his job. If, after the affected employee has
been on extended leave for a period of twelve (12) consecutive months
the affected employee is unable to obtain the required medical clearance
and there exists no reasonable accommodation(s) as defined by the
American Disabilities Act without undue hardship on the City and
employee, the employee's position will be deemed vacated by the City
and his employment with the City will be terminated.
ix. If the injured employee is capable of returning to work within two (2)
years from the date of occupational illness or injury and has received a
medical release to return to work, the employee will be entitled to
reapply for job openings with the City, and will be and will be given
preference over other applicants for a comparable position that becomes
vacant if the position is consistent with the worker's physical condition
and vocational ability.
c. Other rules applicable to disability leave.
i. No sick leave, holiday, vacation benefits or any other fringe benefits
shall accrue while the employee is on disability leave of absence without
pay.
ii. All time in disability leave of absence is credited toward an employee's
service time for the purpose of determining their earning rates. Service
to the City is not interrupted by authorized leave of absence
iii. Time on disability leave of absence is not allowed in computing service
time for retirement purposes under Public Employees' Retirement
System.
iv. Any employee on an approved disability leave of absence may continue
his or her medical, dental and optical insurance coverage by paying the
employee's share of the cost to the City in advance for each month or
portion thereof for which he or she is absent, subject to limitations set
by the insurance carrier.
v. Employees on a work -related sick leave, who are receiving a wage -loss
benefit through the worker's compensation system, are not eligible to
use their sick leave benefits simultaneously.
d. Upon expiration of the disability leave of absence, the employee shall be
reinstated in the position held at the time the leave was granted or another
equivalent position.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution #<NEW REVISION DATE?>