2004-10-13 WW & CC Meeting - Laserfiche WebLink

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July 15,2004 Page 5 6.6 Salary Basis. This language is acceptable provided that the proposed FLSA regulations remain in their current form. The final implementation of these regulations will need to be monitored to assure continuing compliance with the FLSA. Prior to September 1, 2004, the City should not suspend an exempt employee for disciplinary purposes for less than one full week as the prior regulations still forbid this practice. 6.7 Outside Employment. Compensation. The City should clarify whether there should be an "or" between factors A and B. It appears that these are mutually exclusive and I suggest that "or" be inserted between A and B. Since factor C appears to be unrelated, I suggest placing this as a separate line that is not indented or lettered. 6.9 Solicitation. The Council should be aware that allowing exceptions to the solicitation prohibition will result in employees who are attempting to organize unions to have the same right. For this reason, many employers do not allow any exceptions whereas many other employers permit girl scout sales, school fundraisers, etc. and understand that this may "open the door" to other forms of solicitation. 8.2 PTO Accrual. The proposed accrual rate ofPTO appears to be extraordinary - particularly at the top two accrual levels (11 through 15 years and 16+ years). The 10-15 year employee will accrue and be able to use 32 days offper year (over 6 weeks). The 16+ year employee will accrue and be able to use 35 days off per year (7 weeks). The only other plan that I am aware of that provides similar amounts of time offis Anoka County. Anoka County allows 30 days off for 10-15 year employees and 33 days offfor 16+ years of service. This creates a significant "payout" liability for terminating employes under Article 8.3. 9.2 Medical Leave. InterrnittentJReduced Schedule Leave. The City may be required to provide leave as an accommodation under the Americans with Disabilities Act. The City currently does not have enough employees (50) to qualify for the Family Medical Leave Act. One of the most difficult scenarios to accommodate is an employee seeking intermittent leave. I suggest that this not be liberally granted except as required by law and as approved by the City Council. I suggest the following language: Employees may take leave on an intermittent basis or work a reduced schedule under certain circumstances and subiect to City Council review and approval. 9.2 Medical Leave. This is not required of the City. Therefore the City would be doing this voluntarily. In the event that the City wishes to have this benefit, I suggest one change in Job Restoration. I suggest limiting this to the instance where the job continues to exist. If the job was eliminated, then the employee on leave would be in a better position than an employee who was working. I suggest the following language: When an Employee returns from medical leave, the City will restore the Employee's original job or an equivalent job unless the Emplovee' s iob was eliminated during the leave. In this instance. the emolovee will be treated as laid offoursuant to Section 5.4