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Ordinance No. 0766 12-20-1982� � �, -: ORDINANCE N0. 766 AN ORDINANCE ADOPTING A NEW CHAPTER 3 ENTITLED "pF.R.4(7N�TFT " p,�7p REPEALING OLD CHAPTER 3 OF THE FRIDLEY CODE IN ITS ENTIREPY. The City Council of the City of Fridley does ordain as follaas: 3.01 PURFt�SE � The purpose of this chapter is to establish standards, conditions and regulations of work and pay in City employment within the City of Fridley, to be applicable to all permanent non-union employees of the City except where the City shall otherwise hereafter provide, or unless modified by a separate contract or agreement. The Council establishes the standards, conditions and regulat�ons contained in the follaaing sections. (Ref. 182 and 636) 3.02 HOURS OF WORK Achninistrative and supervisory enployees shall not qualify for overtime pay, standby pay, or call-back pay. The regular work week of each graded employee shall commence on Monday of each week and terminate on Friday of each week and shall consist of forty (40) working hours each week, holidays excepted, unless the needs of any de�rtment dictate otherwise, as determined by the City Manager. Overta me and overtime �y for any day shall commence after the expiration of the regular working day. Overtime and overtime pay for any week shall commence after the expication of the regular working week; provided, however, that no graded employee shall be entitled to overtime �y for any day or for any week unless the actual hours of work during the week shall be additional � hours or days of work and are not performed on such day in lieu of other hours or days of work re9ular to such enployee. Graded employees of the City may be designated by the City Manager to serve in a standby status on behalf of the City on a Saturday or Sunday or other holiday of the City to perform work as may be necessary to the public interest on such day. The standby employee is entitled to and may receive as compensation for such service as standby, two t2) hours of regular pay for each day served in such status. If on any such day the employee on standby shall actually perform work for the City, the employee shall be entitled to compensation for each hour or portion thereof actually worked at one and one-half (1 1/2) times the regular �y, which �y shall be in addition to the two (2) hours of standby �y. In the public interest a graded employee may be called to perform work Eor the City after the regular worlcing day and in such event the employee shall receive pay computed as follows: For such overtime work performed, pay computed at the rate of one and one-half (1 1/2) times the regular pay, but not less in any event that an amount equal to two (2) hours regular pay; provided, however, that such mirum�un amount shall not apply in the case of an employee who had not left the site of the work performed during the regular working period, and such �nployee is directed to perform work for the City m �J within one (1) hour of the e�iration of the regular working day, in which case the work performed is considered normal overtime for the period of time actually worked. 3.03 HOLIDAYS The follaaing days shall be holidays, and no employees, except in the case of necessity to public safety, health and welfare, or unless the requirements of employment so provide, shall be obliged to perform work on such day; and when so performed, compensation for such work shall be paid as overtime work at the rate of one and one-half (1 1/2) times the regular pay. The followii�g � days are "holidays": New Year's Day, January 1; Washington's and Lincoln's $irthday, the third Monday in Febxuary; Memorial Ik3y, the last D4onday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, Nov�r 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Ik�y, December 25; provided, when New Year's L�ay, January 1; or Independence 11�y, July 4; or Veterans Dap, November 11; or Christmas Day, December 25; falls on Sunday, the follaainq day shall be a holiday and, provided when New Year's Day, January 1; or Independence Ik-ty, Suly 4; or Veterans A�y, November 11 or Christmas Day, December 25; falls on Saturday, the precec�ing day shall be a holiday. (Ref. 5o9, 573) 3,04 VACATIONS Each �nployee of tl�e City who has worked regularly for the City for a period of not less than six (6) successive months is entitled to a vacation away fran enplqrn�ent with �y. Vacation p�y shall be computed at the regular rate of p3y to which such employee is entitled. An employee who has worked a minimiun of six (6) months is entitled to one (1) workday of vacation for each month so worked. An employee who has worked eight-four (84) successive months is entitled to one and one-half (1 1/2) workdays of vacation ior each month worked beginning with the eighty-iifth (85th) month of consecutive emplo�m�ent. An employee who has worked one hundred eighty f180) successive months is entitled to one and two-thirds (1 2/3) workdays of vacation ior each month worked beginning with one hundred eighty-first (181st) month of � consecutive employment. 3.05 SICK LEAUE Each anplcryee of the City is entitled to sick leave away from enployment with pay. Probationary employees are eligible for sick leave on the condition that should they terminate with the City prior to the completion of the probationary period, the sick leave taken will be deducted from their final �xychecks. Sick leave �y shall be computed at the regular rate or pay to which such enployee is entitled. An employee e�ho has worked a minimum of six (6) months is entitled to one (1) day of sick leave for each month worked, cumulative to one hundred twenty (120) days of sick leave. After one hundred twenty (120) earned and unused days of sick leave have accumulated, one (1) day additional vacation shall be granted to an employee for every three (3) sick leave days earned and unused. The �nployee may elect after niney (90) earned and unused days of sick leave have accu��ulate�, to receive one (1) day adchtional vacation for every three (3) sick leave days earned and unused. Sick leave days shall not accinnulate beyond one hundred twenty (120). Before any sick leave compensation is �id, the City may request and is entitled to receive from any employee who has been absent more than three (3) days in � ii�� ��� succession, a certificate signed by a competent physician or other medical attendant certifying to the fact that the absence was in fact due to sickness and not othenaise. The City also reserves the right to have an examination nade at any time of- any person claiming absence by reason of sickness; such examination may be made when the City deans the same reasonably necessary to verify the sickness claimed and may be made on behalf of the City hy a competent person designated by the City, Sick leave is to be used normally for the sickness of the employee only; haaever, 2 sick days per year may be used for the follaaing specified uses: (1) serious illness of the spouse. two (2) serious illness of child. The special use days cannot be accumulatec� from one year to the next, and if they are not used, they are included in the normal sick leave accumulation. Time off with pay can be charged to the � specified special uses listed above. For additional reasons, time off with p�y can be charged to sick leave only if the enployee is sick. (Ref. 534) 3.06 ANNUAL LEAUE AND SHORT TERM DISABILITY BF�IEFITS Each employee of the City hired on or after January 1, I983, shall be entitled to annual leave away irom employment with pay instead of the vacation and sick leave provided in Sections 3.04 and 3.05. Annual leave pay shall be computed at the regular rate of pay to which such employee is entitled. A beginning employee shall accrue annual leave at the rate of eighteen (lt3) days per year for the first seven (7) years (84 successive months). An emplayee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of consecutive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181st) month of consecutive employment. The maximtun total accwnulation of annual leave at the end of any given year shall be thirty f30) days for any individual enplayee. Each employee of the City hired on or after January 1, 1983, who has successiully completed the employee's probationary period shall be eligible for short term disability benefit instead of the injury benefit provided for in Section 3.08. Such an employee sha11 be entxtled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is � absent due to a physician-certified illness or in7ury, whether on or off the job, and continuing until the employee retarns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever occurs first; provided, however, that the amount of any compensation shall be rec�uced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or or in7ury, regardless of the number and s�cing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive from any employee who has been absent more than twenty (20) working days in succession a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to illness or in�ury and not otherwise. The City also reserves the right to have an e�camination made at any time of any enployee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. � Employees of the City hired prior to Januaxy 1, 1983, sha11 be provided with the opportunity to transfer fran being sub�ect to the vacation, sick leave, and in�ury on duty provisions of this chapter (Sections 3.04, 3.05 and 3.08) to being sub�ect to the annual leave provisions of this section at a time and under conditions to be established by the City Manager. 3.07 SEVERIINCE PAY Each employee who leaves the City employment for any reason, whether voluntary or lnvoluntary� shall be �id for earned, unused vacation days or accrued annual leave days. An employee hired before September 1, 1978, with forty-eight or more consecutive months of �nployment will receive severance pay in cash based on one and one-half (1 1/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of same. 3 .08 IIS70RY Any pexmanent City employee who has been employed by the City at least six (6) months and who is injured on the regular �ob shall be entitled to full pay up to a period of mnety (90) days while the enployee is aYasent from work by reason of such injury, and the employee's accrued sick leave will not be charged until after that period and beginning with the ninety-first (91st) day of absence from work by reason of such in�ury; provided, however, the amount of any compensation shall be reduced by any payment received by the � injured employee fran workers' compensation insurance. EYnployees who claim an absence fran work due to an injury sustained on their regular 7ob are subject to an examination to be made on behalf of the City by a person competent to perform the same and as is designated by the City. � Any volunteer firefighter in�ured while serving the City in the performance of the firefighter's duties shall be entitled to compensation for a period not to exceed ninety (90) days while absent from work by reason of injury. Rate of compensation shall be equal to the then current pay scale for first class firefighters in the City of Fridley, NLinnesota; provided, however, the amount of any compensation shall be reduced by any payment received by the injured firefighter from workers' compensation insurance, or any payments received from the firefighter's regular enployer. Any volunteer firefighter who claims an absence fran work due to said injury shall submit said claim on forms provi�d by the City and if so requested, sulxnit to an examination by a physician desi9nated by the City, (Ref. 466) �� r� uW • R kl �� 3.09 DISQUALIFICATION Failure without qood cause on the part of an employee to provide such certificate or to su}xnit to such an examination or examinations as may be deemed necessary by the City to verify an illness or to determine the nature of an in7ury and the cause thereof, shall subject the emplopee to being disqualified from compensation otherwise to be received by reason of such illness, or in�ury and the absence caused thereby, and also to such othex di.sciplinary means as are provided by law. 3.10 ABSFSICES An employee who has been duly stumnoned for �ury duty in any court, or who has been duly s�mimoned as a witness in any proceeding, shall be excused from work for the purpose of complying with such s�ns, and while absent from work in accordance therewith, such anployee shall be entitled to receive as pay a sum of money equal to the difference between what the employee receives as compensation for such �ury duty or witness fees and the employee's regular L�Y• An employee absent from work in accordance with the order of a duly established mzlitary authority shall receive �y and compensation during such absence as is provided by State Law. In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the �nployee to loss of �ay. For this purpose, members of the immediate family of the employee are considered to be the following: spouse, child (natural or adoptedl, parent, grandparent, brother, sister, mother-in-law or father-in-law. (Ref. 535) 3.11 ALIMINISTRATIVE FOLICY The City Manager shall have the paaer to formulate and exewte actninistrative policies which will further clarify and complement this chapter and to make rules and regulations for the enplayment of tenporary, �rt-time and contract employees as well as consultants and independent contractors for services, Such administrative policies, rules, and regulations shall apply to all City employees unless there is a specific provision to the contrary in this chapter or in a collective bargaining agreenent entered into by the City. PASSED AND ADOPTED BY THE CITY CO[TNCIL OF THE CITY OF FRIDLEY THIS 20TH DAY OF DECENIDER� 1982. ATTFST: C_`�.0 _ ��-�tiJ.-��_;-�,..�� _--- SIDNEY C, INPdAN - CITY CLERE: First Reading: Second Reading: Publish: 2/2/10/7 I]eceml�r 6, 1982 December 20, 1982 �anuarY�19,_1983 V V � WILLIAM J, NEE YOR � � I �-