PERSONNEL MANUAL. Effective November 12, 2013

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1 PERSONNEL MANUAL Effective November 12, 2013 Our Vision: Being Minnesota s favorite place. Our Mission: Serve well. Deliver value. Drive r esults. Our Values: Be responsible. Treat people right. Build a better futur e.

2 Table of Contents PERSONNEL MANUAL DISCLAIMER... 8 DEFINITIONS... 9 ARTICLE 1: GENERAL EQUAL EMPLOYMENT OPPORTUNITY POLICY ARTICLE 2: SCOPE OF PERSONNEL POLICIES AND PROCEDURES WHO IS COVERED CONTRACTUAL EMPLOYEES FAILURE TO COMPLY ARTICLE 3: DELEGATED DUTIES AND RESPONSIBILITIES TO DEPARTMENT HEAD POLICY BUDGET TECHNOLOGY ORGANIZATIONAL STRUCTURE PERSONNEL SELECTION DELEGATION PERSONNEL DECISIONS MANAGERIAL FUNCTIONS DEPARTMENTAL RULES ARTICLE 4: EMPLOYEE'S RESPONSIBILITIES OBLIGATIONS WORK RULES CONDUCT PRODUCTIVITY IDENTIFICATION BADGES/KEY CARD ARTICLE 5: RECRUITMENT POLICIES POLICY SELECTION CRITERIA SELECTION TOOLS VETERANS PREFERENCE INTERVIEWS INTERVIEW RECORDS BUDGET AUTHORIZED POSITION PUBLIC ADVERTISING APPLICATION PERIOD POSITION VACANCY NOTICE POSITION VACANCY NOTICE - CONTENT APPLICANTS OBLIGATION NON-DISCRIMINATION TEST CONTENT VALIDITY LETTER OF OFFER - NEW HIRES REJECTED APPLICANTS ARTICLE 6: EMPLOYMENT VERIFICATION POLICY VERIFICATION ARTICLE 7: PROMOTION DEFINED PROBATION

3 7.02 EFFECTIVE DATE ARTICLE 8: DEMOTION DEFINED DEMOTION EFFECTIVE DATE ARTICLE 9: TRANSFER INTRA-DEPARTMENTAL TRANSFER INTER-DEPARTMENTAL TRANSFER EMPLOYEE OBLIGATION TRANSFER OF BENEFITS ARTICLE 10: PROBATIONARY PERIOD REGULAR FULL-TIME EMPLOYEES REGULAR PART-TIME EMPLOYEES SEASONAL/TEMPORARY EMPLOYEES PROBATIONARY PERFORMANCE REVIEW EXTENSION OF PROBATION SEPARATION ARTICLE 11: ACCOMMODATION OF DISABILITIES DEFINITION APPLICANTS EMPLOYEES ARTICLE 12: HOURS OF WORK WORK WEEK REST PERIODS MEAL PERIOD ATTENDANCE PAY DAY ARTICLE 13: ORIENTATION POLICY EMPLOYEE RESPONSIBILITY ARTICLE 14: GENERAL UNPAID PERSONAL LEAVE OF ABSENCE DEFINED WRITTEN REQUEST MAXIMUM REQUEST BENEFITS WHILE ON UNPAID LEAVE OF ABSENCE REINSTATEMENT ARTICLE 15: MEDICAL LEAVE UNDER FMLA & OTHER PARENTING LEAVE BASIC LEAVE ENTITLEMENT MILITARY FAMILY LEAVE ENTITLEMENT BENEFITS AND PROTECTIONS ELIGIBILITY REQUIREMENTS EMPLOYEE RESPONSIBILITIES EMPLOYER S RESPONSIBILITIES UNLAWFUL ACTS BY EMPLOYERS OTHER PARENTING LEAVE SCHOOL CONFERENCES AND ACTIVITIES LEAVE SICK OR INJURED CHILD CARE LEAVE

4 ARTICLE 16: MEDICAL LEAVE OF ABSENCE (NON-FMLA) WRITTEN REQUEST HEALTH AND LIFE INSURANCE CONTINUANCE (NON-FMLA) OTHER BENEFITS WHILE ON MEDICAL LEAVE OF ABSENCE (NON-FMLA) REINSTATEMENT ARTICLE 17: JURY DUTY & WITNESS LEAVE POLICY PAYMENT NON-PAYMENT ARTICLE 18: MILITARY LEAVE OF ABSENCE STATUTORY OBLIGATION ARTICLE 19: FUNERAL LEAVE POLICY COLOR GUARD OR PALLBEARER ARTICLE 20: MISCELLANEOUS LEAVES CANDIDATE FOR PUBLIC OFFICE LEAVE FOR BONE MARROW DONATIONS ELECTION DAY LEAVE ARTICLE 21: SAFETY POLICY EMPLOYEE S RESPONSIBILITY EMPLOYER S RESPONSIBILITY ARTICLE 22: EMPLOYEE EXPECTATIONS OF CONDUCT AND PERFORMANCE POLICY CONDUCT AND PERFORMANCE DISCIPLINE OTHER DISCIPLINARY/CORRECTIVE ACTIONS DISCHARGE REMOVAL OF AN HONORABLY DISCHARGED VETERAN ARTICLE 23: EMPLOYEE RIGHTS GRIEVANCE PROCEDURE FOR NON-CONTRACT EMPLOYEES DEFINITION PROCEDURE WAIVER ARTICLE 24: DRUG AND ALCOHOL FREE WORKPLACE POLICY POLICY PROHIBITIONS/REQUIREMENTS DRUG AND/OR ALCOHOL TESTING DATA DISCLOSURE PRE-EMPLOYMENT TESTING POST INCIDENT TESTING REASONABLE SUSPICION TESTING ROUTINE PHYSICAL EXAMINATION TESTING RANDOM TESTING TREATMENT PROGRAM TESTING EMPLOYEE RIGHTS DURING DRUG AND/OR ALCOHOL TESTING CONSEQUENCES OF VIOLATIONS EMPLOYEE NOTIFICATION OF THIS POLICY NON-DISCRIMINATION

5 ARTICLE 25: SMOKE FREE WORKPLACE ARTICLE 26: POLICY AGAINST OFFENSIVE CONDUCT, HARASSMENT AND VIOLENCE GENERAL STATEMENT OF POLICY OFFENSIVE CONDUCT, HARASSMENT AND VIOLENCE DEFINED REPORTING PROCEDURES INVESTIGATION COUNTY ACTION REPRISAL DISCIPLINE DISSEMINATION OF POLICY ARTICLE 27: ETHICS AND CONFLICTS DEFINITIONS POLITICAL ACTIVITIES NEPOTISM ACCEPTANCE OF GIFTS OR FAVORS USE OF PROPERTY (EQUIPMENT AND TECHNOLOGY) USE OF CONFIDENTIAL INFORMATION CONFLICTS OF INTEREST ACCEPTANCE OF ADVANTAGE BY COUNTY EMPLOYEE DISCIPLINARY ACTIONS FOR VIOLATIONS: ARTICLE 28: INFORMATION TECHNOLOGY DEFINITIONS HARDWARE POLICY SOFTWARE POLICY COMPUTER VIRUS PROTECTION POLICY WI-FI SYSTEM POLICY INTERNET AND SOCIAL MEDIA POLICY ACCEPTABLE USE MONITORING - PRIVACY EXPECTATION ACCESS AND DISCLOSURE PERSONAL USE DATA PRACTICES RETENTION SYSTEM BACK-UPS DISCIPLINARY ACTION ARTICLE 29: WIRELESS TELECOMMUNICATION DEVICES PURPOSE GENERAL PROVISIONS PLAN OPTIONS STIPEND ACTIVATION STIPEND CHANGE/CANCELLATION EMPLOYEE RESPONSIBILITIES PROHIBITED ACTIVITIES SAFETY PRIVACY POLICY VIOLATION ACKNOWLEDGEMENT ARTICLE 30: TRAINING AND DEVELOPMENT REIMBURSEMENT FOR EDUCATION CONFERENCES, WORKSHOPS, AND SEMINARS

6 ARTICLE 31: EMPLOYEE USE OF PERSONAL AND COUNTY VEHICLES POLICY ARTICLE 32: TRAVEL AND RELATED EXPENSES POLICY GENERAL REIMBURSEMENT GUIDELINES OUT STATE TRAVEL TRANSPORTATION PERSONAL AUTOMOBILE MILEAGE LODGING MEALS DAILY MEAL REIMBURSEMENT RATES OTHER AUTHORIZED EXPENSES REGISTRATIONS TRAVEL ADVANCES ARTICLE 33: APPROVAL AND NOTIFICATION OF TRAVEL POLICY FUNDS AVAILABLE TRAVEL OF SPOUSE, OTHER MEMBERS OF THE FAMILY OR NON-COUNTY EMPLOYEES VIOLATIONS LIMITATIONS ARTICLE 34: PAID TIME OFF BENEFITS HOLIDAYS PAID TIME OFF (PTO) EXTENDED LEAVE BANK (ELB) PAID TIME OFF (PTO) LEAVE TRANSFER CONTINUATION OF BENEFITS ARTICLE 35: INSURANCE HEALTH INSURANCE EMPLOYEES SEPARATED EMPLOYEES HEALTH INSURANCE - RETIREES DENTAL INSURANCE LIFE INSURANCE SEVERANCE COMPENSATION LONGEVITY SHORT TERM DISABILITY LONG TERM DISABILITY ARTICLE 36: OVERTIME POLICY EXEMPT EMPLOYEES NOTIFICATION ARTICLE 37: BUSINESS CONTINUATION POLICY ARTICLE 38: CLASSIFICATION AND COMPENSATION PLAN ARTICLE 39: PERFORMANCE APPRAISAL POLICY ARTICLE 40: RETIREMENT DEFINED

7 ARTICLE 41: RESIGNATION DEFINED NON-EXEMPT EXEMPT PAID TIME OFF UNEXCUSED ABSENCE ARTICLE 42: LAYOFFS POLICY ARTICLE 43: PERSONNEL RECORDS ESTABLISHMENT OF PERSONNEL RECORDS EMPLOYEE ACCESS TO RECORDS PERSONNEL TRANSACTIONS ARTICLE 44: MN GOVERNMENT DATA PRACTICES ACT POLICY ARTICLE 45: EXPECTATION OF PRIVACY POLICY ARTICLE 46: REVIEW OF PERSONNEL POLICIES POLICY REVISIONS APPENDIX A CDL DRUG AND/OR ALCOHOL TESTING PROVISIONS APPENDIX B COMPENSATION PLAN ADMINISTRATIVE GUIDELINES APPENDIX C - MINNESOTA GOVERNMENT DATA PRACTICES ACT GUIDELINES AND PROCEDURES APPENDIX D PERFORMANCE MANAGEMENT AND PLANNING PROCESS 7

8 PERSONNEL MANUAL DISCLAIMER This manual is intended to provide general information to employees of Crow Wing County. The policies and information described in this manual are not conditions of employment, and the language is not intended to nor does it create a contract between Crow Wing County and any employee. Crow Wing County reserves the right to change, add to, eliminate, or modify any of the policies in this manual at its discretion, with or without notice. Employees may resign their employment at any time and for any reason, and Crow Wing County reserves the same right to discontinue an individual's employment at any time. Any employee manuals previously distributed are now specifically revoked and rescinded and the provisions therein are now null and void. Employment or continued employment following the publication of this new manual and revocation of all prior manuals will be considered to be your acceptance of this manual and the sole and exclusive source of information regarding your employment other than applicable employee benefit documents. 8

9 DEFINITIONS Unless otherwise indicated, the following words and terms used in this manual shall have the meaning indicated. The definition under Public Employment Labor Relations Act (PELRA) will be used in the event that no applicable definition is contained herein. 1. Allocation: The assignment of an individual position to an appropriate class on the basis of the kind, difficulty, and responsibility of the work performed in that position. 2. Anniversary Date: The most recent date a person began employment with the county. 3. Appointment: The decision to employ a person to a paid position within the county as authorized by the County Board. 4. Class: One or more positions sufficiently similar with respect to duties and responsibilities so that the same general performance qualifications are applicable and/or so that the same level of compensation can be applied. Descriptive working titles may be used with clarity to designate each position allocated to the class. 5. Classification: The act of grouping positions into classes with regard to duties and responsibilities. Such positions will have a classification title and may have a working title. 6. County Board: The elected Crow Wing County Board of Commissioners. 7. Demotion: A change by an employee from a position in one class to a position in another class with less responsible duties and a lower salary range. 8. Department Head: A director of a specified county department as designated by the board of commissioners or elected to a county office by the public. This position is considered exempt under the Fair Labor Standards Act. 9. Discharge: Termination of employment initiated by the employer due to performance deficiency, misconduct, policy violation or other unacceptable behavior, without the right to reinstatement pursuant to the layoff provisions of Article Employee: A person holding a paid position within the county, may be appointed or elected. Employee does not include members of appointed commissions and committees or persons engaged under contract to supply expert, professional, technical or any other services. 11. Employer: The County Board and the department heads of Crow Wing County as to the duties and responsibilities delegated to the department heads by the County Board herein. 12. Emergency Employee: An employee who is appointed to perform certain duties when an extraordinary or emergency situation exists. Length of time served will be based on the recommendation of a department head and approved by the county administrator. 13. Intern: A person in a paid or unpaid training program who has no rights to benefits and is treated as being on probation for his/her full term of internship. 14. Job Analysis: The systematic process of gathering information about jobs. This information may be gathered by questionnaires, interviews, direct observation of the employee, by daily "diaries" recorded by the job holder. This information is then summarized in a formal job description. 9

10 15. Job Description: A written document, which identifies the purpose(s), duties, responsibilities, and accountabilities of a job; the knowledge, skills, and abilities needed to perform the job and outlines special or unusual working conditions that may exist. 16. Layoff: An action to terminate the employment of a regular employee whose service has been interrupted or ended due to lack of work, elimination of position or lack of funds unrelated to performance deficiency or misconduct on the part of the employee. 17. Layoff List: A list of employees who have been placed on layoff within the preceding twelve (12) months who are eligible for reinstatement pursuant to Article Minimum Qualifications: The minimum requirements and experience necessary for a given job class, as determined by the county. 19. Open Competitive Process: A position, open to the public, which is not exempt from the provisions of the Veterans Preference Act, and for which finalists are selected on the basis of a competitive process which may include testing and/or the evaluation of education, experience and other attributes necessary for successful performance of the job. 20. Position: A group of current duties and responsibilities assigned or delegated by the managing authority, requiring the full-time or part-time employment of one person. 21. Position Evaluation: The systematic process of comparing and grading of the relative value of a job as compared to other jobs in the organization. 22. Position Vacancy Notice - External: Notice of a vacant position open to all individuals, both current employees and non-employees. For all positions subject to the Veterans Preference Act, such positions shall be filled on the basis of an open competitive process. 23. Position Vacancy Notice - Internal: Notice of a vacant position open to current employees of the county, posted within the jurisdiction, department and/or county. 24. Probationary Period: A period of time during which a new or promoted employee is required to demonstrate satisfactory performance. The probationary period is six (6) months or twelve (12) months depending on the assignment. The probation period may be extended by the department head; such extensions require written notice to the employee in advance of the probation period completion and must include a summary of the basis for the extension including performance improvement needs. The employer has the sole discretion to determine employment continuation during the probationary period. 25. Promotion: A change of an employee's status from a position in one class to a position in another class with a higher salary range and/or increased job responsibilities. 26. Reclassification: A change in classification of a position by raising it to a higher class due to a significant change in duties, difficulty or job responsibility of the work performed or the lowering of the classification due to the reduction of job responsibilities. 27. Regular Full-time Employee: Any full-time employee who is regularly scheduled to work forty (40) hours per week on an ongoing basis. 10

11 28. Regular Part-time Employee: Any employee who is regularly scheduled to work more than fourteen (14) hours per week, but less than forty (40) hours per week on an ongoing basis. 29. Resignation: The voluntary termination of employment of an employee. 30. Retirement: The time when an employee withdraws from active public service and is eligible to be paid a retirement annuity by the Public Employee Retirement Association. 31. Seasonal Employee: An employee hired to perform temporary work on a seasonal basis and is not eligible to receive county benefits. Employment shall terminate automatically upon completion of the seasonal assignment with no continuing rights to employment. 32. Seniority: The length of continuous service as a regular full-time employee of the county, beginning with the most recent date a person was hired for a regular full time position with the county. Internships, temporary and seasonal assignments are excluded from seniority calculations. Regular part-time seniority shall be determined based on hours of work hours per year shall be used in calculating one full year of employment for regular part-time employees seniority determination. 33. Supervisor: An employee responsible for the day to day supervision and administration of a work unit. The work performed is not merely routine or clerical in nature but requires the use of independent judgment. 34. Suspension: A forced leave of absence with or without pay which may be issued for disciplinary purposes or pending investigation of specific charges made against an employee or other related events. 35. Temporary Employee: A full-time or part-time employee who is seasonal or whose employment is limited in duration. Temporary employees serve at the will and pleasure of the appointing authority and may be appointed for a period not to exceed twelve (12) months. Temporary employees are not eligible for benefits. 36. Transfer: A lateral movement in the same job classification. 37. Uninterrupted Employment: Continuous employment with the county without a break in service. 38. Veteran: Applicants and employees who are entitled to a veteran's preference as provided by statute. 39. Workday: Regularly scheduled day of work. 40. Work Week: Regularly scheduled work days per week. ARTICLE 1: GENERAL Except as otherwise specifically reserved by the County Board, these policies and rules will be administered by department heads or their designee. The Human Resource Director shall develop and provide the necessary forms, procedures, and instructions for the implementation of these personnel policies Equal Employment Opportunity Policy It is the policy of Crow Wing County to provide equality of opportunity in employment to all persons. This policy prohibits discrimination because of race, color, creed, religion, national origin, gender, 11

12 marital status, disability, public assistance, age or sexual orientation in all aspects of its personnel policies, programs, practices, and operations. ARTICLE 2: SCOPE OF PERSONNEL POLICIES AND PROCEDURES 2.00 Who is Covered These rules, regulations, and policies shall apply to all employees of the county government under the direct jurisdiction of the Crow Wing County Board of Commissioners, unless inconsistent with the provisions of state and federal laws affecting county employment, or as limited by Section If any part of this policy is declared to be unlawful, unenforceable or not in accordance with applicable state or federal law by any legislative, administrative or judicial authority, all other provisions of this policy shall remain in full force Contractual Employees Those employees who are subject to collective bargaining agreements as negotiated in accordance with the Public Employment Labor Relations Act (PELRA) M.S. Chapter 179A, as revised, and those employees subject to provisions of the Minnesota Merit System, or such other statutory requirements shall be exempt from the provisions of this policy which are inconsistent with such agreements and regulations. Nothing in this policy shall be construed as granting additional rights to such employees Failure to Comply Failure of any employee to perform in a manner consistent with these policies and provisions will constitute grounds for reprimand, suspension, demotion, or dismissal from county employment. ARTICLE 3: DELEGATED DUTIES AND RESPONSIBILITIES TO DEPARTMENT HEAD The following rights and responsibilities are recognized as the department head's domain including but not limited to the following: 3.00 Policy The discretion to establish inter-departmental polices, programs, and functions as long as they are not in conflict with established County Board policies, negotiated contracts, or information contained in the personnel manual and further must demonstrate compliance with all applicable laws and regulations governing employment Budget The establishment and determination of departmental budgets outlined for County Board approval Technology The utilization of technology within each given department, subject to County Board budgetary policies Organizational Structure The establishment of the organizational structure of their department in compliance with county policy Personnel Selection The selection of personnel within established guidelines as outlined in Article Delegation The right to designate a representative to act in his/her behalf for the purpose of administering and ensuring compliance with these policies. 12

13 3.06 Personnel Decisions The right to hire, demote, promote, transfer, discipline and discharge employees, to make assignments and determine the work to be performed by each employee in a given department consistent with county policy Managerial Functions To perform any inherent managerial functions not specifically limited by present collective bargaining agreements, these policies and/or County Board resolutions Departmental Rules Department heads may establish rules within their own departments that do not conflict with the provisions contained in these policies or collective bargaining agreements covering employees in their department or other applicable laws and regulations governing employment. ARTICLE 4: EMPLOYEE'S RESPONSIBILITIES The following responsibilities are recognized as a county employee's obligation and are not intended to be limited to the following Obligations Each employee is obligated to read, understand, and comply with these personnel policies and procedures Work Rules Abide by all work rules and instructions provided by the employee's supervisor Conduct Conduct themselves in a professional and dignified manner while on the job Productivity Work productively to achieve a high level of satisfactory performance Identification Badges/Key Card Wear the assigned identification badge at all times while on duty and while on official county business unless otherwise directed by the employee s supervisor. Comply with the identification badge, card access, campus security and controlled access policy. ARTICLE 5: RECRUITMENT POLICIES 5.00 Policy Crow Wing County desires to recruit and select the best qualified persons available for positions in the county s work force. Current employees are encouraged to advance their career through promotion or transfer. Selection decisions will be made in an affirmative manner in order to ensure open competition among qualified applicants Selection Criteria The Human Resource Director and the applicable department head or his/her designee will identify the criteria to be used to evaluate candidates for positions. The criteria will be job-related and intended to result in the selection of the best qualified candidate without regard to protected class status Selection Tools Selection tools may include but are not limited to interviews, objective and valid tests, veteran s preference rankings, supplemental questionnaires, resumes and the county job application form. 13

14 Additionally, drug and alcohol, criminal, credit, medical and psychological exams may be required and will only be used when an offer for employment has been made based on the condition the individual meets the requirements of the job including the satisfaction of required testing in compliance with all applicable state and federal laws Veterans Preference An objective, job-related measure where points can be awarded for veteran s preference shall be utilized for applicant screening for all eligible positions. The measure is any rating scale that can be converted to 100 points, based on an examination or rating of application forms, applied to all candidates equally. There shall be added to the competitive open examination rating of a nondisabled veteran, who so elects, a credit of ten (10) points provided that the veteran obtained a passing rating on the examination without the addition of the credit points. There shall be added to the competitive open examination rating of a disabled veteran, who so elects, a credit of fifteen (15) points provided that the veteran obtained a passing rating on the examination without the addition of the credit points. There shall be added to the competitive promotional examination rating of a disabled veteran, who so elects, a credit of five (5) points provided that (1) the veteran obtained a passing rating on the examination without the addition of the credit points; and (2) the veteran is applying for a first promotion after securing public employment. The preference points may be used by the surviving spouse of a deceased veteran and the spouse of a disabled veteran who because of the disability is unable to qualify Interviews Upon completion of the initial screening of application materials, each department head or his/her designee, shall make a reasonable effort to interview and consider at least three (3) applicants who achieve or appear to have achieved the prescribed minimum qualifications for each open position to be filled. Department head positions shall be filled by the County Board, at its sole discretion Interview Records All application materials, resumes, letters of qualification, selection interview forms and/or documents relating to the selection process shall be retained in the Human Resource Department for at least eighteen (18) calendar months from the date of hire. Upon expiration of the eighteen (18) calendar months the board has authorized destruction of the records Budget Authorized Position Authorization to initiate recruitment for a vacant position is provided if the position has been budgeted for and approved by the County Board Public Advertising At a minimum all full time and part time vacancies, open to the public, shall be advertised on the county website Application Period The application period to apply for a vacant position shall be for a period of time of at least ten (10) working days beginning from the first day the position vacancy notice is posted. 14

15 5.09 Position Vacancy Notice A position vacancy notice shall be posted on the county website. A department head is not required to advertise publicly when one or more qualified county employees apply for vacant positions or unless collective bargaining agreements state otherwise Position Vacancy Notice - Content Position Title Position Status Department Application period Starting salary, salary range or reference to salary depending on qualifications (DOQ) Job description summary Education and skills required Where to apply The statement "An Equal Opportunity Employer". A statement regarding who a disabled applicant may contact to request reasonable accommodation in the application or interview process Applicants Obligation External applicants for county employment shall complete and submit approved application forms including resumes, or a statement of interest in a position as may be requested by the appointing authority or designated person responsible for administering the selection process. Internal applicants shall complete and submit an approved internal application form and may include resumes, and/or a statement of interest as may be requested by the appointing authority or designated person responsible for administering the selection process Non-Discrimination Crow Wing County is firmly committed to prohibiting discrimination throughout the employment process, from selection through termination, especially as it applies to those categories of persons protected under the Minnesota Human Rights Act. Each department head and supervisor is responsible for understanding, communicating and strictly enforcing this policy. In the event that any applicant or employee feels that he or she has been discriminated against on the basis of the individual s status as a protected class member under state or federal law (race, color, creed, religion, national origin, gender, marital status, disability, status with regard to public assistance, age, or sexual orientation), the individual shall notify the county s Human Resource Director specifying the basis of their belief and all facts surrounding the alleged discriminatory action. In the event that the Human Resource Director is unavailable or involved in the alleged discrimination, the complaint shall be made with the County Administrator. The Human Resource Director or County Administrator shall initiate an investigation into the allegation of discrimination, in the same manner as set forth in the county s Offensive Conduct, Harassment and Violence Policy. Appropriate action shall be taken to correct any unlawful discrimination which may have occurred Test Content Validity Examination or test content shall be designed for the measurement of required knowledge, skills, and abilities, necessary to perform specifically defined job related tasks Letter of Offer - New Hires Position Position Status Starting Salary 15

16 Probationary Period Start date, time and who to report to Summary of Benefits 5.15 Rejected Applicants All applicants for county positions shall have access to or be notified of the position status. ARTICLE 6: EMPLOYMENT VERIFICATION 6.00 Policy The county has a legal obligation to employ only eligible workers and requires all staff to verify their employment eligibility Verification New and re-hired employees are required to provide documentation verifying employment eligibility on the date of hire or re-hire within three days from said event. An exception exists if an employee can provide a receipt that he/she has applied for the appropriate documents. The employee will be required to produce the actual documents within 90 days. Failure to provide required documents verifying employment eligibility must result in termination of employment after three months or 90 days, whichever is applicable. ARTICLE 7: PROMOTION 7.00 Defined A change of an employee's status from a position in one class to a position in another class with a higher salary range and/or increased job responsibilities Probation Present employees who are promoted shall begin a six (6) month or twelve (12) month probationary period as required by the assignment, beginning on the date of promotion. If an employee is demoted during the probationary period and returned to the position held prior to the promotion, the salary shall be adjusted to the pre-promotion level. If demoted to another position the salary shall be adjusted to a pay rate within the salary range that is the same or closest to the prepromotion level on the effective date of the demotion Effective Date Salary adjustments associated with the promotion shall become effective on the date of the promotion. An employee who is promoted may be assigned a salary rate commensurate with experience and within the designated salary range for the position. ARTICLE 8: DEMOTION 8.00 Defined A demotion is a transfer to a position in a lower salary grade Demotion If the performance of the employee falls below a minimum standard during the probation period after a promotion, the employee may be demoted to a position he/she is qualified for. If a position is not 16

17 available to which the employee may be demoted, the employee may be reinstated to his/her previous position or separated from county employment Effective Date Salary adjustments associated with the demotion shall become effective on the date of the demotion. An employee who is demoted may be assigned a salary rate commensurate with his/her experience and within the designated salary range for the position ARTICLE 9: TRANSFER 9.00 Intra-Departmental Transfer Transfer within a department which does not change an employee's salary level or classification. The transfer opportunity may be posted internally at the discretion of the department head Inter-Departmental Transfer Transfers between departments which do not change an employee s salary level or classification may be made by department heads with board approval Employee Obligation Employees who desire a transfer to a posted position shall apply by completing the internal application process as directed in the posting and submitting their application materials prior to the application deadline referenced in the posting Transfer of Benefits All fringe benefits are based on continuous uninterrupted employment; therefore, the benefits accumulated by an employee involved in an inter-departmental transfer are retained by the employee unless otherwise defined by contract or policy. ARTICLE 10: PROBATIONARY PERIOD Regular Full-Time Employees All new regular full-time employees shall serve a six (6) or twelve (12) month probation period as required by the assignment. The probationary period shall be utilized by supervisors and department heads for closely observing the employee s work and for removing employees whose performance and/or conduct does not meet expectations Regular Part-Time Employees All new regular part-time employees shall serve a six (6) or twelve (12) month probation period as required by the assignment. The probationary period shall be utilized by supervisors and department heads for closely observing the employee s work and for removing employees whose performance and/or conduct does not meet expectations Seasonal/Temporary Employees All temporary or seasonal employees are considered to be on probation for their length of employment Probationary Performance Review The performance of all probationary employees shall be reviewed during the probation period. The results of the probationary review shall be communicated to the employee by the employee's supervisor. 17

18 10.04 Extension of Probation An extension of a probation period for employees may occur if recommended by the department head or designee. Two (2) - three (3) month extensions will be the maximum allowed Separation Subject to the rights of veterans under Section of Minnesota Statutes and related or successor provisions, any probationary employee may be separated from his or her employment at the discretion of the department head. ARTICLE 11: ACCOMMODATION OF DISABILITIES Crow Wing County will not discriminate against a qualified individual with a disability because of the individual s disability in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions and privileges of employment Definition For the purpose of this policy, disability is a physical or mental impairment which substantially limits a major life activity. Qualified individual with a disability is one who satisfies the requisite skill, experience, education and other job related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position Applicants Accommodations will be made in the application, testing and interview process for disabled individuals, consistent with the Americans with Disabilities Act (ADA). Applicants who may require accommodations are encouraged to contact the Human Resource Department to make arrangements. Accommodations may include, for example, written questions rather than oral, written responses rather than oral, interpreter for hearing impaired applicants and conducting interviews in an accessible facility. Requests for accommodation in the application process shall not be grounds for refusing to hire an individual. The county may ask an applicant about the applicant s ability to perform job related functions and may also ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions, as long as everyone applying for a job in the job category is asked the same question. The county is not required to omit relevant, job-related testing requirements unless it can otherwise be demonstrated in an alternate manner that the applicant is able to perform the job function the test is designed to evaluate. The county will not refuse to hire an individual because that individual requires reasonable accommodation to perform the job that he/she is applying for, if the individual is otherwise qualified. Nothing in this policy shall be construed as requiring the county to hire individuals who are not able, with or without reasonable accommodation, to perform the essential function of the position. Further, applicants must otherwise be qualified for the position Employees The county will evaluate requests for accommodations and provide reasonable accommodations for qualified individuals with a disability to enable the individual to perform the essential functions of the job. An employee who believes he/she qualifies for a reasonable accommodation may request accommodation by completing the Accommodation Request form located on the intranet and forwarding it to the Human Resource Department. 18

19 The county shall engage in an interactive process with employees who request accommodation in order to identify the specific physical and mental abilities and limitations as they relate to essential job functions; barriers to the performance of essential job functions; and how these barriers could be overcome with reasonable accommodation. The employee may be requested to provide written documentation from a health care provider relating to the employee s medical condition and request for accommodation. If an employee refuses to provide such written documentation and/or sign an authorization allowing the county to contact the health care provider, the county will evaluate the employee s request based on the information available to the county. The county may require an employee to submit to a medical examination if the county believes it is necessary to assess the employee s continuing ability to perform the essential functions of his/her position and for other reasons deemed necessary by the county. Annual certification of the need for reasonable accommodation may be required. A reasonable accommodation must be an effective accommodation. The county s reasonable accommodation obligation applies only to accommodations that reduce barriers to employment related to a person s disability. A reasonable accommodation need not be the best accommodation available, as long as it is effective for the purpose. The county is not required to provide an accommodation which is not reasonable or which creates an undue hardship on the county. The county is not required to eliminate an essential function of an employee s job as a reasonable accommodation. The county may, however, be required to remove marginal job functions. If it is determined that an employee is unable to perform the essential functions of the position, with or without reasonable accommodation, and no vacant position exists for which the employee is qualified to which the employee could be transferred as an accommodation, the employee may be separated from employment. ARTICLE 12: HOURS OF WORK Work Week The normal work week is forty (40) hours Rest Periods All employees who work a continuous four (4) hour period shall be allowed a fifteen (15) minute break. Employees are not allowed to work during their normal break period in order to leave early Meal Period All offices are to be open during the noon hour. Meal periods shall not be included in any computations to determine the amount of compensation due to an employee for overtime. The department head shall determine the work schedule, to include an unpaid meal period not to exceed one (1) hour in length Attendance Regular, reliable and punctual attendance at work shall be required of all employees Pay Day Compensation payments for all employees who are on the regular payroll shall be paid on a biweekly basis by direct deposit. 19

20 ARTICLE 13: ORIENTATION Policy Orientation shall be conducted by the Human Resource Department and shall include the following: An introduction to the personnel manual and directions for accessing the electronic version contained on the county intranet site. Completion of all necessary employment forms including insurance, tax, payroll forms, and related documents. Detailed explanation of benefits for which the employee will be eligible Employee Responsibility Employees are expected to read, understand and comply with all information contained in the personnel manual and all other employer policies and regulations as provided throughout the course of their employment. ARTICLE 14: GENERAL UNPAID PERSONAL LEAVE OF ABSENCE Defined A general unpaid leave of absence is a leave of absence from work for personal reasons commencing when personal time off is exhausted. Under special circumstances, general leaves of absence without pay may be granted without exhausting personal time off at the sole discretion of the Employer Written Request All general unpaid leaves of absence up to ten (10) days annually may be approved by the department head; leaves greater than ten (10) days annually must receive formal approval from the County Administrator. All such requests must be made in writing Maximum Request The general unpaid leave of absence period shall not exceed ninety (90) days Benefits While on Unpaid Leave of Absence Employees shall not accrue personal time off benefits while on unpaid leave of absence. Employees shall not be entitled to compensation for holidays observed during unpaid leave of absence. Health, dental and life insurance benefits may be extended by the employee paying the full premium cost, during the approved leave period Reinstatement An employee who is granted a leave of absence without pay pursuant to this article, shall have the right to reinstatement to his/her position or equivalent position, providing he/she returns to work upon the conclusion of the approved leave period, unless his/her position is abolished during the leave of absence period, in which case, reinstatement will no longer be available. ARTICLE 15: MEDICAL LEAVE UNDER FMLA & OTHER PARENTING LEAVE Basic Leave Entitlement The Family and Medical Leave Act (FMLA) requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal medical care or child birth; 20

21 To care for the employee s child after birth or placement for adoption or foster care; To care for the employee s spouse, son or daughter, or parent, who has a serious health condition; or For a serious health condition that makes the employee unable to perform the employee s job. An employee s entitlement to leave for a birth or placement for adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement, unless a longer hospitalization period applies in accordance with Section Military Family Leave Entitlement Eligible employees with a spouse, son, daughter or parent on active duty or call to active duty status in the National Guard or reserves in support of a contingency operation may use their 12 week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12 month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list Benefits and Protections During FMLA leave the employer must maintain the employee s health coverage under any group health plan on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee s leave (other than paid leave the employee used during the FMLA leave). The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state laws or collective bargaining agreements which presently require more generous leave policies. Rights provided by this Act may not be contractually waived or restricted through collective bargaining Eligibility Requirements To be eligible for the leave, an employee must have worked for the employer for at least one year and must have worked at least 1,250 hours over the previous 12 month period. An employer may refuse to grant reinstatement/restoration privileges to key employees as defined by the Act when deemed necessary to prevent substantial and grievous economic injury to the employer s operations. The 12-month period shall be measured forward from the date the employee s first FMLA leave begins. The next 12-month period would begin the first time FMLA leave is taken after completion of any previous 12-month period. For example, if six weeks of FMLA leave was used beginning May 1st and an additional six weeks of FMLA leave was used beginning October 1, the next 12 week FMLA leave availability would begin on May 1 of the following year. 21

22 15.04 Employee Responsibilities When foreseeable, employees must provide 30 days advance notice of the need to take FMLA leave by completing the Family and Medical Leave Request form. When 30 days notice is not possible, the employee must provide notice as soon as practical and generally must comply with an employer s normal call-in procedures. The employee shall be required to provide a medical certification for any FMLA leave due to their own serious health condition in excess of ten (10) days, or in such other cases as the department head deems appropriate. In cases where the employee s use of FMLA leave is of an intermittent nature, a medical certification will be required verifying this fact during each 12-month period in which the employee uses FMLA leave. The employee shall be required to provide a medical certification for any FMLA leave due to the need to care for an immediate family member in excess of five (5) days, or in such other cases as the department head deems appropriate. In cases where the employee s use of FMLA leave to care for an immediate family member is of an intermittent nature, a medical certification will be required verifying this fact during each 12-month period in which the employee uses FMLA leave for this purpose. Employees eligible for FMLA leave shall use accrued extended leave bank hours for qualifying FMLA leaves and accrued personal time off benefits during the FMLA leave period. Employees shall be allowed to reserve eighty (80) hours of accrued extended leave bank hours and eighty (80) hours of accrued personal time off benefits for future use. FMLA leave and other qualifying paid leave shall be used concurrently. Employees shall not accrue personal time off benefits while on unpaid FMLA leave of absence nor shall employees be entitled to compensation for holidays observed during unpaid FMLA leave of absence A fitness for duty certification may be required. Employees shall be notified whether such certification will be required Employer s Responsibilities The Human Resource Department will inform employees requesting leave whether they are eligible under FMLA by completing the Notice of Eligibility and Rights and Responsibilities form. If they are not eligible, the Human Resource Department will provide a reason for the ineligibility. The Human Resource Department is responsible for completing the Designation Notice in all circumstances in which an employee qualifies for leave under the FMLA, whether or not the employee specifically requests such a FMLA leave. The original shall be provided to the employee and a copy retained by the Human Resource Department in a confidential medical file for the employee, which shall be separate from the employee s personnel file. All medical certifications shall also be retained in that file. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee Unlawful Acts by Employers The FMLA makes it unlawful for any employer to interfere with, restrain or deny the exercise of any right provided under FMLA. It further prohibits employers from discharging or discriminating against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. An eligible employee may bring a private lawsuit against an employer for a violation. 22