GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES

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1 GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES PURPOSE: To provide information and direction to employees regarding human resources and payroll processes and procedures and to ensure efficiency and consistency of application. PRE-EMPLOYMENT REQUIREMENTS: All offers of employment tendered to applicants for full-time regularly appointed City of Brookfield positions shall be contingent on passing a job-related physical examination, drug screen, and criminal background check. Additional requirements may apply, depending on the level and nature of position, including, but not limited to, a non-medical job trait assessment and general background check. IMMIGRATION LAW COMPLIANCE: The City of Brookfield complies with the Immigration Reform and Control Act of 1986 and is committed to employing United States citizens and non-citizens who are authorized to work in the United States. As a condition of employment, each new employee must properly complete, sign, and date the first section of the Immigration and Naturalization Service Form I-9 no later than the first day of employment. Before commencing work, all newly re-hired employees must also complete a new form. PROBATIONARY PERIOD: The probationary period is the last step in the staffing process for a position. It is a test period to determine if the selected candidate actually meets the minimum qualifications of the job. An employee may be terminated during the probationary period without any right of appeal. All regularly appointed employees are required to serve an initial probationary period ranging from 12 to 18 months, depending on classification. A probationary period is also required upon promotion to a higher title. Under certain circumstances, probationary periods may be extended to provide sufficient time to properly evaluate probationary employees. Extensions must be authorized by the Human Resources Director and may be subject to approval by the Civil Service Commission, Police and Fire Commission, or, if applicable, associated Union. NOTICE OF STATUS CHANGE: All City employees are required to notify the Human Resources Department of any family status change or qualifying event that may have an impact on their current insurance coverage within thirty (30) days of the effective date of the change. A family status change is defined as a death, marriage, divorce, birth, adoption, legal ward, of the employee or an eligible dependent; or, a covered dependent reaching the age of twenty-six (26). Failure to provide timely notification may subject the employee to disciplinary action and/or retroactive ineligibility for insurance benefits of covered individuals. PERSONNEL FILES: Employee Access: Personnel files are the property of the City of Brookfield and access to the information they contain is restricted. Generally, only officials and representatives of the City who have a legitimate business reason to review information in a file are allowed to do so. Upon at least a one (1) day advance notice, an employee may review materials in his or her file, up to two (2) times per year, and only in the presence of a Human Resources Department staff member. Access to these files is limited in accordance with applicable laws. Where federal laws or regulations, or Wisconsin Statutes or rules require, separate files for specific employee information are maintained. These files are also the property of the City of Brookfield.

2 Public Access: Public access to information contained in personnel files is limited and will only be provided under circumstances required by law, as determined by the City Attorney s Office. NEPOTISM AND CONSENSUAL RELATIONSHIPS: For purposes of this section, the term family member shall be defined as the spouse, child, grandchild, parent, sibling, aunt, uncle, niece, or nephew of the employee, or the employee s spouse. The term appointing authority shall be defined as the Department Head, Division Head, or Supervisor of the incumbent of the position in question. No family member of an appointing authority shall be hired for a position under the direct control of the appointing authority. No appointing authority shall participate in the selection or appointment procedures concerning a position for which a family member is an applicant. No appointing authority or employee shall attempt to influence the employment decisions of an appointing authority on behalf of a family member. The Human Resources Director is authorized to require the re-assignment, restructuring of reporting relationships, transfer, or termination of a City employee who becomes a family member of another City employee in a supervisor/subordinate relationship after hire. Additionally, in the context of a consensual romantic and/or sexual relationship between an appointing authority and an employee, the appointing authority shall notify his or her supervisor. The supervisor, in consultation with the Human Resources Director, shall have the responsibility for eliminating the potential conflict of interest through reassignment, restructuring of reporting relationships, transfer, or termination. PUBLIC EMERGENCY ABSENCES AND SHUT-DOWN OF FACILITIES: There may be times during the course of operation of City services when emergency situations arise prompting the closing or down-staffing of City Hall offices and/or the Library. Inclement weather is the most common cause of facility closing, however, other emergency conditions may arise in which City offices would need to close. In cases when a facility is closed at least two (2) hours prior to the commencement of the work day, affected non-exempt employees will be able to utilize unpaid time-off, vacation, compensatory time off, or personal holiday to cover the absence. In cases when facilities are not closed at least two (2) hours prior to the commencement of the work day, non-exempt employees will be eligible for straight time pay to cover the period of absence. Notice is defined as a documented attempt by the City to notify the affected employees via telephone or other medium to inform them of the facility closing. PAY AND BENEFIT ADMINISTRATION DEFINITIONS: Employee: An incumbent of a City of Brookfield position, serving an indefinite or limited-term period of employment, who is working in a probationary, seasonal, temporary, full-time, part-time, or limited-term capacity, and who receives wages from funds administered by the City of Brookfield. Employment Status: The City of Brookfield recognizes four (4) levels of employment status for pay and fringe benefit eligibility administration: Active: The employee maintains a pay status. For example, the employee is at work or is on paid leave, whether actually at work performing services. Unless otherwise provided, eligibility for fringe benefits is contingent upon maintaining an active pay status. Inactive: The employee does not maintain a pay status. For example, the employee is on an unpaid leave of absence, military leave, seasonal layoff, or suspension without pay. Terminated: The employee has separated from the City for a reason other than retirement. For example, the employee resigned or was discharged.

3 Retired: The employee has retired from the City and is eligible to receive benefits under the Wisconsin Retirement System. This status includes duty-disability retirement for protective service personnel, but does not include terminated employees who elected a deferred retirement. Types of Appointment: The City of Brookfield recognizes four (4) types of appointment for pay and fringe benefit eligibility administration: Regular: The appointment is made to a City of Brookfield position found in the Positions Ordinance, with no definitive term. Incumbents of these positions are entitled to participate in the benefit programs associated with the appropriate employee group pursuant to their employment status and level of appointment. Seasonal: The appointment is made to a position filled during a specific annual timeframe that may vary, according to the operational needs of a department. In general, unless specifically provided in a labor agreement or City policy, incumbents of such positions are ineligible for any fringe benefits, however, pursuant to the Affordable Care Act, an employee who works an average of 30 hours per week on an annual basis shall be eligible for City sponsored health insurance. Temporary: The appointment is made to a position filled for a specific period of time, not to exceed 6 months, unless an extension is authorized by the Human Resources Director. This includes provisional appointments made pursuant to of the Municipal Code. In general, unless specifically provided in a labor agreement or City policy, incumbents of such positions are ineligible for fringe benefits, however, pursuant to the Affordable Care Act, an employee who works an average of 30 hours per week on an annual basis shall be eligible for City sponsored health insurance. Limited-Term: The incumbent is engaged in a contractual employment relationship to work on a specific project for a specific period of time that is designated by an agreement approved by the Common Council. Incumbents of such positions are ineligible for fringe benefits, unless specifically provided for under the terms of the employment contract. Levels of Appointment: The City of Brookfield recognizes four (4) levels of appointment for pay and fringe benefit eligibility administration. Unless otherwise provided for in a labor agreement, the level of paid leave benefits provided is based on the level of appointment, which is generally pro-rated on a 2080 hour work year basis, with exceptions for alternative schedules in various departments. Full-Time: The incumbent of the position is normally scheduled to work, on average, at least 38 hours per week on an annual basis, although for certain represented employee groups, full-time status may be defined more or less than 38 hours per week. Unless otherwise provided, fringe benefit eligibility is contingent upon maintaining full-time status. Part-Time: The incumbent of the position is normally scheduled to work, on average, at least 20 but less than 38 hours per week on an annual basis. Pursuant to the Affordable Care Act, an employee who works an average of 30 hours per week on an annual basis shall be eligible for City sponsored health insurance. Intermittent: The incumbent of the position is normally scheduled to work, on average, less than 20 hours per week on an annual basis. Job Share: The incumbent fills a full-time position with another incumbent, and shares the associated benefits pursuant to an agreement approved by the Human Resources and Public Safety Committee of the Common Council.

4 Department Head: An employee who holds the title of Director of Public Works, City Attorney, Director of Finance/Treasurer, Director of Community Development, Police Chief, Fire Chief, Human Resources Director, Information Technology Director, Library Director, and Director of Parks, Recreation, and Forestry. Sworn Fire Management: An employee who holds the rank of Fire Chief, Assistant Fire Chief, or Deputy Fire Chief. Sworn Police Management: An employee who holds the rank of Police Chief, Assistant Chief of Police, Police Captain, Police Lieutenant, or Police Sergeant. PAY AND EMPLOYEE BENEFIT ADMINISTRATION: Equal Opportunity: Principles of merit and equity shall prevail in all aspects of pay and employee benefits administration. The Human Resources Director shall be responsible for ensuring that no employee is discriminated against because of age, race, color, religion, gender, marital status, sexual orientation, disability, national origin, creed, political affiliation, ancestry, or any other legally protected status in regard to any pay or employee benefits administrative transaction. COBRA, FLSA, FMLA, and HIPAA Compliance: In recognition of the City s obligations under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Fair Labor Standards Act (FLSA), Federal and State Family and Medical Leave Acts (FMLA) and the Health Insurance Portability and Accountability Act (HIPAA), the Human Resources Director shall be responsible for establishing and maintaining the necessary recordkeeping, notices, payroll, and benefit administration practices to assure good faith compliance with these Acts. Benefit Levels at Appointment: The Human Resources Director may authorize additional paid leave benefits; or waive or reduce benefit waiting periods for newly hired, transferred, or promoted employees, if in his or her assessment such adjustments are necessary for recruitment purposes. Employee Discipline: The Human Resources Director may authorize a commensurate deduction of paid leave hours from the appropriate leave account of an employee who requests such treatment in lieu of suspension without pay. WORKERS COMPENSATION AND INJURY REPORTING: Injury or Illness Reporting: The City of Brookfield insures employees for work-related injuries and illnesses under the State of Wisconsin Workers' Compensation Act. In order to ensure proper investigation of the incident and handling of the claim, all injuries incurred while on the job, regardless of nature or severity, must be reported to the supervisor in charge as soon as practical. The report must be documented by the employee and supervisor completing the appropriate accident/investigation report(s). A delay in reporting an injury may result in a delay or denial of medical or lost wage benefits by the insurance carrier if they encounter difficulties in determining the compensability of the claim. Failure to report a workplace injury or disease as soon as practical will be cause for disciplinary action. Physician Treatment: Except in emergency situations an injured employee must inform the Human Resources Department prior to seeking medical care. This is necessary to ensure the proper documentation is completed in a timely manner.

5 Note: An employee s medical restrictions are in effect 24 hours per day. Any employee not following medical restrictions may cause a delay in healing or may further aggravate the condition. By not following the restrictions, an employee may be subject to disciplinary action up to and including termination. Forms: A report MUST be completed by the employee s physician at each physician visit and submitted to the workers compensation claim carrier. The City will not accept a general note only stating that an employee is off of work, or available for light duty. Delay in submitting this form may affect payment of Workers' Compensation benefits. Medical Appointments: ALL medical appointments must be coordinated in advance with the employee s supervisor. Whenever possible, appointments should be scheduled so as to not interfere with working hours. Non-emergency medical appointments NOT scheduled in advance may be cause for denial of the time off and subsequently ineligible for payment. It is the employee's responsibility to keep the Workers' Compensation administrator AND the City apprised of the medical condition or any changes in the condition, transitional work availability, or return to work status. Repeated failure to follow these procedures will be cause for disciplinary action. Workers' Compensation Salary Supplement (Injury Pay): Any regularly appointed full-time nonrepresented employee who is absent pursuant to an injury or illness compensable under the Workers Compensation Act is eligible to receive seventy percent (70%) of regular salary plus the employee pension contribution, if applicable as continuance of approximate net pay not to exceed a period of seventy-five (75) work days (600 hours) in total, for the duration of City employment. Employees appointed on an intermittent, part-time, temporary, seasonal, or limited-term basis are not eligible for the workers compensation salary supplement. Payment is contingent upon the employee reimbursing the City for the full workers compensation payment received from the carrier (lost time benefit) for the period the supplement is paid. In the event an injury is deemed non-compensable by the Workers Compensation carrier after Injury Pay benefits have been paid, the City will adjust the payroll record and retroactively charge other eligible leave balances to cover the absence. Certain employee groups may have more generous Injury Pay provisions under the terms of the appropriate collective bargaining agreements. Any employee who, as a result of an injury or illness is deemed by the City s workers compensation insurance carrier to have occurred in the line of duty, is absent three (3) days or less, shall receive normal net take home pay for such absence. This compensation shall not be chargeable against an employee s sick leave balance. Continuation of Other Benefits: Health and/or dental insurance may be continued while on workers' compensation leave. The employee will continue to be responsible for the employee portion of any premiums due. If the employee is on a paid leave, insurance premiums will continue to be deducted through the normal payroll process. For unpaid leaves, payment of the premium is due by the first of each month following the injury or illness. Contributions toward other benefits are dependent on maintaining a pay status. Paid leave will accrue while on injury pay, but will not accrue if the absence extends into an unpaid status. Paid leave balances existing prior to the injury or illness will be held until the employee's return. An employee may request the use of accrued time off during an unpaid leave. Filling the Position While on a Workers' Compensation Leave: Depending on the circumstances, the City may face an undue hardship in holding a position open during an employee s leave of absence. In

6 those cases, the City will work with the employee on a case-by-case basis when the employee is ready to return to work to identify a position the employee can perform with or without reasonable accommodation, in accordance with applicable law. Return to Work: Before an employee returns to work he or she must provide the City a fitness for duty certification releasing the employee back to restricted or full duty. If returning to transitional duty, the return to work slip or the Attending Physician's Report, should indicate the limitations and suggested accommodations. An employee who does not submit a fitness for duty certification may be delayed in returning to work. Such delay will not be compensable under Workers' Compensation or Injury Pay.

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