Res. #23-032 - Amending the City's Personnel Policy (ESST)

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J. PTO/ESST may not be used to extend an employee's termination date. The last day an employee works will be the termination date. K. PTO/ESST may be used in 15-minute increments. Use of PTOIESST Leave during a Holiday: PTOIESST cannot be used on Holidays if an employee qualifies for holiday pay. Holidays occurring during an Employee's PTO/ESST leave will be considered a holiday and the Employee will not be charged for PTO/ESST on that day. Waiver of PTOIESST Leave Prohibited: No Employee is permitted to waive personal leave for the purpose of receiving double compensation. 8.5 Retaliation prohibited. An employee shall not be discharged, disciplined, penalized, or interfered with, threatened, restrained, coerced, or otherwise retaliated or discriminated against because the person has exercised or attempted to exercise rights protected under this act, including but not limited to because the person requested earned sick and safe time, used earned sick and safe time, requested a statement of accrued sick and safe time, informed any person of his or her potential rights under the MN State Statutes Sections 181.9445 to 181.9448, made a complaint or filed an action to enforce a right to earned sick and safe time under this section, or is or was participating in any manner in an investigation, proceeding, or hearing under this chapter. A supervisor or any other person may not report or threaten to report the actual or suspected citizenship or immigration status of a person or their family member to a federal, state, or local agency for exercising or attempting to exercise any right protected under this act, An employee need not explicitly refer to the Earned Sick and Safe Time act or the rights enumerated therein to be protected from retaliation. If an employee believes they have been retaliated against or improperly denied earned sick and safe time, they can file a complaint with the Minnesota Department of Labor and Industry. They can also file a civil action in court for earned sick and safe time violations. 8.6 Donation of Personal Leave General: City Employees may donate accrued PTOIESST in one -hour increments to fellow Employees experiencing extended time off due to a serious medical problem or condition and who have no accumulated PTO/ESST or compensatory time. The use of this donated personal leave must be approved in writing by the Supervisor and the City Administrator and will be converted to the receiving Employee's hourly rate.