|
|||||||
|
|
|
|||||
|
|
|||||||
ARTICLE 12
HOLIDAYS
Section 12.01 - Holidays With Pay
Employees in the classified service of the City shall be
entitled to holidays with pay in accordance with the provisions
of this article.
Section 12.02 - Eligibility and Pay
Subd. 1. Eligibility
Permanent employees who are not required to work on a day
recognized by this Agreement as a holiday shall be entitled to
holiday pay provided such employee has worked at least two (2)
hours on the last working day immediately before and at least two
(2) hours on the next working day immediately after such holiday
or, such employee is on a paid leave of absence, vacation or sick
leave properly granted.
Subd. 2. Holiday Pay and Rate
Employees eligible to receive holiday pay as outlined in this
article shall be paid eight (8) hours pay calculated at their
regular, straight-time, base rate of pay or, if such employee
regularly works less than forty (40) hours per week, such holiday
pay shall be prorated.
Subd. 3. Holidays During Vacation and Sick Leave
Holidays which occur within an employees' approved vacation or
sick leave period shall be paid as holidays only and shall not be
charged as vacations or sick leave.
Section 12.03 - Holidays Defined
The following named days shall be considered holidays
for purposes of this article:
- New Year's Day
- Martin Luther King Day
- President's Day
- Memorial Day
- Independence Day
- Labor Day
- Columbus Day
- Veteran's Day
- Thanksgiving Day
- Day After Thanksgiving
- Christmas Day
Section 12.04 - Holidays Worked
Subd. 1. Normal
When a day recognized by this Agreement as a holiday falls on
a Sunday, the following Monday shall be considered to be the
holiday. When a day recognized by this Agreement as a holiday
falls on a Saturday, the preceding Friday shall be considered to
be the holiday. Employees, except for Sanitation Division
employees who regularly work on designated minor
holidays, and who are compensated for overtime work at one and
one-half (1) times their hourly base rate of pay, shall be paid
one and one-half (1) times their hourly base rate of pay for each
hour worked on a holiday in addition to the holiday pay for which
they are entitled.
Sanitation employees who are required to work the following
Saturday because the designated major holiday fell on Friday
shall be paid two (2) times their base rate of pay for the
Saturday work. Sanitation employees may elect either cash or
compensatory time as compensation for minor holidays.
Subd. 2. Employees Who Regularly Work Weekends
Notwithstanding other provisions of this article, those
employees who are regularly scheduled to work on weekends shall
work their regularly scheduled shift and their regular,
year-round work schedules shall take the number of holidays
referenced in Section 12.03 of this article into account in
determining the total number of days off per year. Such employees
shall be paid at the rate of one and one-half (1) times their
regular rates of pay if required to work on any actual holiday.
Holidays falling on weekends shall not be observed on Fridays
and/or Mondays by such employees.
Section 12.05 - Religious Holidays
Employees may observe religious holidays on days which do not
fall on Sunday or on a holiday as defined in Section 12.03 above.
Such days off shall be taken off without pay unless 1) the
employee has accumulated vacation benefits available in which
case the employee shall be required to take such days off as
vacation, or 2) the employee obtains supervisory approval to work
an equivalent number of hours (at straight-time rates of pay) at
some other time during the calendar year. The employee must
notify the Employer at least ten (10) calendar days in advance of
the religious holiday of his/her intent to observe such holiday.
The Employer may waive this ten (10) calendar day requirement if
the Employer determines that absence of such employee will not
substantially interfere with the department's function.
ARTICLE 13
LEAVES OF ABSENCE WITHOUT PAY
Section 13.01 - Leaves of Absence Without Pay
Leaves of absence without pay may be granted to permanent
employees when authorized by State Statute or by the Employer
pursuant to the provisions of this article upon written
application to the employee's immediate supervisor or his/her
designated representative. Except for emergency situations,
leaves must be approved in writing by the Employer prior to
commencement.
Section 13.02 - Leaves of Absence Governed by State
Statute
The following leaves of absence without pay may be granted as
authorized by applicable Minnesota statutes:
Subd. 1. Military Leave
Employees in the classified service shall be entitled to
military leaves of absence without pay for duty in the regular
Armed Forces of the United States, the National Guard or the
Reserves. At the expiration of such leaves, such employees shall
be entitled to their position or a comparable position and shall
receive other benefits in accordance with applicable Minnesota
statutes. (See also, Military Leaves With Pay at Article
14, Section 14.04 of this Agreement.)
Subd. 2. Appointive and Elective Office Leave
Leaves of absence without pay to serve in an
Appointive-Unclassified City position or as a Minnesota State
Legislator or full-time elective officer in a city or county of
Minnesota shall be granted pursuant to applicable Minnesota
statutes.
Subd. 3. Union Leave
Leaves of absence without pay to serve in an elective or
appointive position in the Union shall be granted pursuant to
applicable Minnesota statutes. Upon return to active employment,
such employees shall be credited for time served on Union leave
for the purpose of determining the amount of vacation to which
they are entitled each year thereafter and for the further
purpose of calculating longevity pay.
Subd. 4. School Conference and Activities Leave
Leaves of absence without pay of up to a total of sixteen (16)
hours during any twelve (12) month period for the purpose of
attending school, pre-school or child care provider conferences
and classroom activities of the employee's child, provided that
such conferences and classroom activities cannot be scheduled
during non-work hours. When the need for the leave is
foreseeable, the employee shall provide reasonable prior notice
of the leave to their immediate supervisor and shall make a
reasonable effort to schedule the leave so as not to disrupt the
operations of the Employer. Employees may use accumulated
vacation benefits or accumulated compensatory time for the
duration of such leaves.
Subd. 5. Family and Medical Leaves
a. General. Pursuant to the provisions of the federal Family
and Medical Leave Act of 1993 and the regulations
promulgated thereunder which shall govern employee rights and
obligations as to family and medical leaves wherever they may
conflict with the provisions of this subdivision, leaves of
absence of up to twelve (12) weeks in any twelve (12) months will
be granted to eligible employees who request them for the
following reasons:
(i) for purposes associated with the birth or adoption of a
child or the placement of a child with the employee for foster
care,
(ii) when they are unable to perform the functions of their
positions because of temporary sickness or disability, and/or
(iii) when they must care for their parent, spouse, registered
domestic partner within the meaning of Minneapolis Code
of Ordinances Chapter 142, child, or other dependents and/or
members of their households who have a serious medical condition.
Unless an employee elects to use accumulated paid leave
benefits while on family and medical leaves (see paragraph
"f", below), such leaves are without pay. The
Employee's group health, dental and life insurance benefits
shall, however, be continued on the same basis as if the employee
had not taken the leave.
b. Eligibility - Employees are eligible for family and
medical leaves if they have accumulated at least twelve (12)
months employment service preceding the request for the leave and
they must have worked at least six (6) months during the twelve
(12) month period immediately preceding the leave. Eligible
spouses or registered domestic partners who both work for the
Employer will be granted a combined twelve (12) weeks of leave in
any twelve (12) months when such leaves are for the purposes
referenced in clauses (i) and (iii) above.
c. Notice Required - Employees must give thirty (30)
calendar days notice of the need for the leave if the need is
foreseeable. If the need for the leave is not foreseeable, notice
must be given as soon as it is practicable to do so. Employees
must confirm their verbal notices for family and medical leaves
in writing. Notification requirements may be waived by the
Employer for good cause shown.
d. Intermittent Leave - If medically necessary due to
the serious medical condition of the employee, or that of the
employee's spouse, child, parent, registered domestic partner
within the meaning of Minneapolis Code of Ordinances
Chapter 142, or other dependents and/or members of their
households who have a serious medical condition, leave may be
taken on an intermittent schedule. In cases of the birth,
adoption or foster placement of a child, family and medical leave
may be taken intermittently only when expressly approved by the
Employer.
e. Medical Certification. The Employer may require
certification from an attending health care provider on a form it
provides. The Employer may also request second medical opinions
provided it pays the full cost required.
f. Relationship Between Leave and Accrued Paid Leave -
Employees may use accrued vacation, sick leave or compensatory
time while on leave. The use of such paid leave benefits will not
affect the maximum allowable duration of leaves under this
subdivision.
g. Reinstatement - Upon the expiration of family and
medical leaves, employees will be returned to an equivalent
position within their former job classification. Additional
leaves of absence without pay described elsewhere in this
Agreement may be granted by the Employer within its reasonable
discretion, but reinstatement after any additional leave of
absence without pay which may have been granted by the Employer
in conjunction with family and medical leaves, is subject to the
limitations set forth in Section 13.03 (Leaves of Absence
Governed by this Agreement) of the Agreement.
Section 13.03 - Leaves of Absence Governed by this
Agreement
Employees may be granted leaves of absence for reasonable
periods of time provided the requests for such leaves are
consistent with the provisions of this section. Employees on
leave in excess of six (6) months will, at the expiration of the
leave, be placed on an appropriate layoff list for their
classification if no vacancies exist in their classification.
Employees on leave of less than six (6) months will, at the
expiration of the leave, return to their departments in positions
within their classification. Leaves of absence under this section
may be granted for the following purposes:
Subd. 1. Temporary illness, disability or maternity
properly verified by medical authority;
Subd. 2. To serve in an unclassified City position not
covered by Minnesota statute;
Subd. 3. Education that benefits the employee to seek
advancement opportunities or carry out job-related duties more
effectively;
Subd. 4. To serve temporarily in a position with
another public employer where such employment is deemed by the
Employer to be in the best interests of the City;
Subd. 5. To become a candidate in a general election
for public office. A leave of absence without pay commencing
thirty (30) calendar days prior to the election is required,
unless exempted by the Employer;
Subd. 6. For personal convenience (including parenting
leave) not to exceed twelve (12) calendar months;
Subd. 7. A leave of absence without pay of ninety (90) calendar days per calendar year or less if approved by the Employer for the purpose of reducing the Employer's operating budget. Such employees shall be credited with seniority, vacation, group health/life insurance benefits and sick leave benefits as if they had actually worked the hours.
HOME