HomeMy WebLinkAboutAdministrative Order No. 2004-04 Update 3 to Employee HandbookBREY, RONALD
ADMINISTRATION
ADMINISTRATIVE ORDER NO.2004-04
Adoption of Update No. 3 to City of Bozeman Employee Handbook
The City of Bozeman Employee Handbook was adopted on July 1, 1997. Pursuant to my
authority as City Manager, I hereby adopt Update No. 3 to the City of Bozeman Employee
Handbook. Update No. 3 is effective on October 24, 2004.
DATED this Z V dayofP:tcjt
C 2004.
Chris Kukulski, City Manager
City of Bozeman Employee Handbook Update
Filing Instructions
Update Number: 3 Update Effective Date: October 24, 2004
Instructions: To update your copy of the Employee Handbook, remove the old material and insert the enclosed
new material in the appropriate Sections, as indicated by the page numbers. (In most cases,
Handbook pages are printed on both sides: don't remove too many pages!) If you are missing
pages or have any questions, call Human Resources Director Pattie Berg at 582-2346.
Index (updated)
Section V. Initial Employment Periods
Take Out Pages Put in Pages
i through iii Same
V-1 Same
During its 2001 Session, the Montana Legislative modified the Wrongful Discharge in Employment Act
(WDEA) to include a 6 month `presumptive probationary period' (Unless the employer states otherwise,
it is now assumed that probationary period for Montana employees is 6 months). As part of this change,
the Legislature updated the WDEA to allow employers (and employees) to terminate that probationary
employment, for any reason or 'for no reason ". This Section has been changed reflect the updated Code.
Section VI. Paid Leave Policies VI-1 through VI-9
VI-1 through VI-11
The Compensatory Time -related provisions and Administrative Leave Policy have changed for
Exempt and Noncovered employees, and for Non-exempt Employees who are subject to this
Handbook.
The Handbook has also been updated allow for sick, vacation, and compensatory time to be used
in 1/4 hour increments (the minimum usage used to be % hour increments.)
Section XIII. Payroll
XIII-1 through XIII-2 Same
Exempt and non -covered employees are no longer required to submit monthly timesheets.
However, they must submit monthly Leave Usage Records. In addition, subject to the
Compensatory Time Transition Plan, found in Section VI, Exempt and Non -covered employees
will no longer receive reimbursement of Compensatory Time at termination. This Section been
changed to reflect these new policies.
This Section has been changed to allow a Supervisor to delegate the distribution of paychecks,
should the Supervisor be absent or otherwise not available for this task.
Section XIV. Hours of Work XIV-1 through XIV-2 Same
Exempt and non -covered employees are expected to perform all the duties and responsibilities
incumbent to their positions. Effective on October 24, 2004, these employees will no longer receive
compensatory time for work hours exceeding 40 per week. The changes in this Section reflect this new
policy and encourage flexible scheduling to avoid excessive work hours.
Section XIX. Collective Bargaining Units. XIX-1
Same
The Handbook has been modified to reflect the 1997 dissolution of the Mid -Management Group. It has
also been updated to reflect proper classifications/job titles and union affiliations.
CITY OF BOZEMAN
EMPLOYEE HANDBOOK
Dated: July 1, 1997
Page
Index
i-iii
I. Purpose and Disclaimers
I-1
II. Employment Policies
II-1 to II-4
Employment Anti -Discrimination Policies
II-1
Veterans' Preference in Employment
II-1
Disabled Persons' Preference in Employment
II-1
Employee Conduct
II-1
Drug Free Workplace
II-1 to II-2
Workplace Violence
II-2
Eligibility to Work
II-2
Bondable Positions
II-2
Solicitations
II-2
Union Activity During Working Hours
II-2
Reemployment
II-2
Nepotism
II-3
Workers' Compensation
Leave Re -Employment Policy
II-3
Employment of Minors
II-3
Residency Requirement
II-4
TII. Position Classification and Salary Administration
III-1 - III-2
Job Descriptions
III-1
Position Classification
III-1
Salary Administration
III-1 to III-2
IV. Recruitment and Selection
General Policy
Internal Recruitment
Special Employment Programs
V. Initial Employment Periods
New Employee Initial Employment Periods
Transferred, Demoted or Promoted Employees
VI. Paid Leave Policies
Definitions
Types of Leave Earned
Amount of Leave Earned
Maximum Leave Accruals
Compensatory Leave
Leave Usage and Overtime Calculations
Requesting Leave
Leave Payouts and Transfers
Holidays
Paid Military Leave
Pregnancy Leave
Administrative Leave
IV-1 to IV-2
IV-1 - IV-2
IV-2
IV-2
V-1
V-1
V-1
VI-1
to
VI-11
VI-1
VI-1
to
VI-2
VI-2
to
VI-3
VI-3
to
VI-4
VI-4
to
VI-5
VI-5
to
VI-6
VI-6
VI-6
to
VI-7
VI-7
to
VI-8
VI-8
to
VI-9
VI-9
VI-9
to
VI-10
1 10/24/2004
VI. Paid Leave Policies (continued)
Workers' Compensation Leave VI-10
Jury Duty or to Serve as a Witness VI-10
Family and Medical Leave VI-10 to VI-11
VII. Leave Without Pay VII-1 to VII-2
To Serve in Elected or Appointed Office VII-1
Other Forms of Leave Without Pay VII-1 to VII-2
VIII. Employee Benefits VIII-1 to VIII-2
Medical, Dental and Life Insurance Benefits VIII-1
Flexible Benefits Plan VIII-1
Retirement VIII-1
Workers' Compensation VIII-1
Unemployment Insurance VIII-2
Employee Assistance Program VIII-2
Voluntary Withholdings VIII-2
IX. Employee Conduct
IX-1 to IX-2
Code of Ethics
IX-1
Employee Appearance
IX-1
Political Activity
IX-1
Outside Employment
IX-1
Gifts and Gratuities
IX-2 to IX-2
Drug and Alcohol Policy
IX-2
Attendance Policy
IX-2
Telephone, Fax and Copier Usage
IX-2
Employee Misconduct
IX-2
X. Disciplinary Action
X-1 to X-2
Disciplinary Policy
X-1
Progressive Discipline Policy
X-1 to X-2
Records Maintenance
X-2
Employee Rights
X-2
XI. Grievance Procedures
XI-1
Policy
XI-1
XII. Employee Development
XII-1 to XII-2
Employee Orientation
XII-1
Performance Appraisals
XII-1 to XII-2
Employee -Initiated Continuing Education
XII-2
Special Licenses and Membership Fees
XII-2
XIII. Payroll
XIII-1 to XIII-2
Pay Period
XIII-1
Time Records
XIII-1
Paychecks
XIII-1
Direct Deposit
XIII-1
Advance Pay
XIII-1
Changes in Rate, Position or Pay Status
XIII-1 to XIII-2
Garnishment Policy
XIII-2
Payroll Deductions
XIII-2
i i
10/24/2004
XIV. Hours of Work XIV-1 to XIV-2
Work Day XIV-1
Work Periods XIV-1
Office Hours XIV-1
Flexible Work Schedules XIV-1
Overtime or Compensatory Pay XIV-1 to XIV-2
XV. Terminations and Resignations XV-1 to XV-2
Employee Resignation XV-1
Job Abandonment XV-1
Reduction in Work Force XV-1
Termination Pay XV-1
Termination Benefits XV-1 to XV-2
XVI. Employee Records XVI-1 to XVI-3
Personnel Records XVI-1 to XVI-2
Payroll Records XVI-2
Miscellaneous Records XVI-2
Release of Information XVI-2 to XVI-3
Records Retention XVI-3
XVII. Health and Safety XVII-1 to XVII-2
Smoking Policy XVII-1
Swim Center Passes XVII-1
Employee Safety Responsibilities XVII-1
Vehicle Accident Reporting Procedures XVII-1 to XVII-2
Personal Injuries or Accidents
Reporting Procedures XVII-2
Life -Threatening Illnesses XVII-2
XVIII. Driver's Licenses and Travel Information XVIII-1 to XVIII-2
Driver's Licenses XVIII-1
Use of City -Owned Vehicles XVIII-1
Travel Expenses XVIII-2
XIX. Collective Bargaining Units and Membership XIX-1
Bargaining Units XIX-1
Membership XIX-1
APPENDICES
Appendix A City of Bozeman Code of Ethics
Appendix B Family and Medical Leave Act Summary
Appendix C Drug and Alcohol Policy
Appendix D Grievance Procedures:
Sexual Harassment Policy Statement and Complaint
Procedure
Americans With Disabilities Act Complaint Procedure
City of Bozeman Grievance Procedure
Appendix E City of Bozeman Administrative Order - Smoking Policy
Appendix F Reserved - Drug and Alcohol Testing Policy
ill 10/24/2004
V. Initial Employment Periods
Effective Date: 7/1/97
Page 1 of 1 Pages
Revision Date: 10/24/2004
New Employee Initial Employment Periods
New employees must successfully complete an Initial Employment
Period. The "Initial Employment Period" includes any extensions of
this period. The Initial Employment Period applies to new hires,
rehires, promotions and transfers and is a working test period used
to closely observe your work and decide whether you possess the
skills needed to perform your job. It is also used as a time to
make sure you display proper work behaviors.
The Initial Employment Period for most positions is six (6) months.
Sworn Police Officers and Combat Firefighters are subject to a one
(1) year Initial Employment Period. Your Initial Employment Period
may be extended in three (3) month increments, but shall not be
extended beyond one (1) year without City Manager approval. During
the Initial Employment Period, employees may receive at least one
written evaluation of their work performance.
During the Initial Employment Period, the employment may be
terminated at the will of either the employer or the employee on
notice to the other for any reason or for no reason. This type of
termination comes without the right to appeal.
Vacation and sick leave accruals, and restrictions on usage during
the Initial Employment Period, are described in Section VI.
Transferred, Demoted or Promoted Employees
(Refer to your collective bargaining agreement for additional
information)
If you are transferred, demoted or promoted to a new position, you
will be subject to the appropriate Initial Employment Period unless
waived by the City Manager. If you fail to meet the conditions of
the new employment, you are not guaranteed the right to return to
your previous position. However, prior to the expiration of your
Initial Employment Period, the City may return you to your former
position or a similar position as the former.
10/24/2004
V-1
VI. Paid Leave Policies Page 1 of 11 Pages
Effective Date: 7/1/97
Definitions
Revision -Dates: 10/1/97;
10/15/99; 10/24/2004
Break in Service means a period in excess of five (5) working days
when the employee is not employed and where continuous employment
is severed. For example, a break in service occurs five days after
a person leaves employment with the City of Bozeman. However, an
approved continuous leave of absence without pay exceeding 15
working days does not constitute a break in service.
Continuous Employment means working for the City without a break in
service or without a continuous absence without pay of more than 15
working days.
Qualifying Period is the amount of time you must work (on a
continuous basis without a break in service) to receive sick or
vacation leave benefits. The qualifying period to be eligible for
paid vacation leave benefits is six (6) calendar months; the
qualifying period to be eligible for paid sick leave benefits is
ninety (90) calendar days. The Qualifying Period must be repeated
following any break in service.
Sick Leave means a leave of absence with pay for an illness or
injury suffered by an employee or to care for an immediate family
member who is ill. Here, "immediate family member" means the
employee's spouse, and any member of the employee's household, or
any parent, child, grandparent, grandchild, or corresponding in-
law. Sick leave may also be used for medical treatments for
immediate family members. Under limited conditions, sick leave may
also be used for the death or funeral of a family member (see Sick
Leave in "Leave Usage and Overtime Calculations" policy.)
Vacation leave means a leave of absence with pay .for rest,
relaxation or personal business, at the request of an employee, and
with the concurrence of the City.
Types of Leave Earned
The types and amounts of vacation and sick leave you earn depends
upon your employment status:
Regular full-time employees are employees who have been hired on a
full-time (40 hours per week) basis to a job designated as regular.
These employees accrue vacation and sick leave from their beginning
date of employment. Regular full-time employees are entitled to
sick and vacation leave benefits providing they work the qualifying
periods.
VI-1 10/24/2004
Regular part-time employees are employees who have been hired on
less than a full-time basis (less than 40 hours per week) to a job
designated as regular. This category includes employees who work
on an intermittent basis in a job designated as regular. These
employees accrue prorated vacation and sick leave based upon the
number of hours worked, from their beginning date of employment.
Regular part-time employees are entitled to sick and vacation leave
benefits providing they work the qualifying periods.
Seasonal Employees are employees assigned to a position designated
as seasonal. These employees may work full or part-time. Seasonal
employees earn vacation leave credits from their beginning date of
employment. Seasonal employees must work six (6) qualifying months
before they can use paid vacation leave, and must immediately
report to work when operations resume to avoid a break in service.
Full-time seasonal employees are entitled to sick leave benefits if
they work the qualifying period.
Temporary Employees are employees who: a) are assigned to a
position designated as temporary, generally created for a definite
period not to exceed twelve (12) months; b) perform temporary
duties or permanent duties on a temporary basis; c) are not
eligible for permanent status; d) are terminated at the end of the
employment period; and, e) are not eligible to become permanent
employees without a competitive selection process. These employees
may work full or part-time. Temporary employees earn vacation
leave credits but may not use the credits until after working the
qualifying period. Full-time temporary employees are entitled to
sick leave benefits if they work the qualifying period.
Short-term Employees are employees who: a) are hired by the City
for an hourly wage; b) may not work for the City for longer than 90
days in a continuous 12 month period; c) are not eligible for
permanent status; and d) may not be hired into another City
position without a competitive selection process. Short-term
employees do not earn sick or vacation benefits.
Amount of Leave Earned
Vacation - As an employee gains time with the City, she or he earns
additional leave. The table below shows how much vacation leave
employees earn over a variety of years:
Part Time
(less
Years of
Full
Time
(40 hours per week)
than 40 hours/week)
Service
Employee
Earns:
Employee
Earns:
0 - 9
120
hours
(15
days)
per
year
.058/hour
worked
10 - 14
144
hours
(18
days)
per
year
.069/hour
worked
15 - 19
168
hours
(21
days)
per
year
.081/hour
worked
20 and on
192
hours
(24
days)
per
year
.092/hour
worked
To find out how much leave you earn if you work part-time, multiply
the number of hours worked during the pay period times the factor
listed in the third column. For example, a part-time employee with
VI -2 10/24/2004
five years employment with the City, and who worked 100 hours
during the pay period would receive 5.8 hours of vacation leave
credits (100 hours X .058 = 5.8 hours).
You can earn "accelerated leave" if you have prior Montana govern-
ment service, such as prior employment with Montana state or local
government, or military time which interrupts your Montana
government service. For example, before coming to work for the
City, you worked for the State of Montana for four years. At the
end of your sixth year of employment with the City, you can begin
earning the 10 to 15-year rate of annual leave accrual. Time spent
as a Short-term employee does not apply toward the person's rate of
earning vacation leave credits.
Employees are responsible for providing the documentation of prior
government service. Accelerated leave accruals will begin at the
beginning of the next pay period after the Payroll Officer receives
documentation of prior eligible service. You may contact the
Payroll Officer to request the form needed to document prior
service.
Vacation leave is credited at the end of each pay period. You may
not use vacation leave until it is credited: no advance vacation
leave is allowed. When completing their timesheets, employees
requesting vacation leave must have leave credits sufficient to
cover the leave requested: any month -end negative leave balances
will be treated as leave without pay, and may be cause for
disciplinary action.
Sick Leave - Employees entitled to sick leave credits will begin
earning them from the beginning date of employment. A regular,
full-time employee earns 12 working days (96 hours) of sick leave
per year. Eligible part-time employees receive sick leave credits
at the rate of .046 per hour worked.
Sick leave is credited at the end of each pay period. You may not
use sick leave until it is credited: no advance sick leave is
allowed. When completing their timesheets, employees requesting
sick leave must have leave credits sufficient to cover the leave
requested: any month -end negative leave balances will be treated
as leave without pay, and may be cause for disciplinary action.
Maximum Leave Accruals
Vacation Leave - At the end of each calendar year, you may carry
over twice the number of vacation hours you earn each year. The
Payroll Department will review your file each December and will let
you know if you have excess leave. You must use this excess
vacation leave by March 30 of the following year or it will be
lost.
Your supervisor must give you a reasonable opportunity to use
excess vacation leave. If you make a reasonable written request by
January 15 to use excess vacation leave before it must be forfeited
VI-3 10/24/2004
and your Supervisor denies this request, the excess vacation leave
is not forfeited. Instead, your Supervisor will make sure that you
use the excess vacation leave before the end of the calendar year
in which the leave would have been forfeited.
Sick Leave - There is no restriction on the number of sick leave
hours you may accumulate.
Compensatory Leave
(Refer to your collective bargaining agreement, and to Section XIV,
Hours of Work, for more information).
Accruing Leave -
1. Non -Exempt Employees - Unless otherwise provided by collective
bargaining agreement, Non -Exempt employees are entitled to
overtime pay, or compensatory leave in place of overtime pay,
if they work more than forty (40) hours in a week. These
employees' overtime pay and compensatory leave is earned at
the rate of one and one-half (1%) times the actual number of
hours worked in excess of 40 during the work week. The
Supervisors of non-exempt employees should use flexible
scheduling in order to avoid having non-exempt employees work
more than forty (40) hours in a work week. Effective October
24, 2004, any non-exempt employees' compensatory time accrued
but not used during the pay period will be converted into cash
and included in the employees' pay.
Non-exempt employees must have their Supervisor's prior
written approval to work these extra hours. Working more than
your scheduled hours without the written consent of your
Supervisor can be cause for disciplinary action.
2. Non -covered and Exempt Employees - This includes Executive,
Administrative, Prof essiohal and Exempt Computer Employees, as
defined in the Fair Labor Standards Act (as amended) as well
as those who are not covered under the Act. These employees
are expected to devote the time needed to perform all the
duties and responsibilities incumbent to their positions.
Effective October 24, 2004, these employees are not eligible
to receive compensation (in time off or pay) for time worked
in excess of 40 hours per week.
Maximum Accruals - Non -Exempt Employees - Unless otherwise provided
by collective bargaining agreement:
1. Effective October 24, 1999, non-exempt employees were allowed
to accrue no more than 72 hours of compensatory time. Non-
exempt employees with compensatory balances exceeding this
maximum received overtime pay for those hours worked in excess
of 40 per week until such time as their compensatory balance
fell below the maximum.
VI-4 10/24/2004
2. Effective October 24, 2004, Non -Exempt employees' compensatory
time balances are subject to the Compensatory Time Transition
Plan described below: by May 1, 2006, there will be no hours
remaining in any non-exempt employees' compensatory leave
accounts.
Compensatory Time Transition Plan• (Updated October, 2004. Applies
to all Non -Exempt, Exempt and Non -Covered employees.)
1. Purpose: Compensatory time creates a financial liability for
the City. The following transitional plan encourages
employees to eliminate this liability by exhausting their
accrued compensatory time balances.
2. Leave Accounts: On October 24, 1999, the Payroll Officer began
maintaining, for each employee, two compensatory leave
accounts, as follows:
a. Account #1: Compensatory time earned and/or used on or
after October 24, 1999. The maximum balance allowed in
this account at the end of any given pay period is
seventy-two (72) hours. This account is frozen,
effective October 23, 2004.
b. Account #2: Compensatory time balance as of October 23,
1999.
3. Leave Usage: Effective September 29, 1999, anytime an employee
uses compensatory leave, the employee designates which Account
the leave was used from. Once the employee's Account 2 leave
has been exhausted, Account 42 will no longer exist.
4. Program to Exhaust Compensatory Leave Balances
a. Effective October 24, 2004, Accounts 1 and 2 will be
frozen and City employees will no longer be entitled to
accrue compensatory time.
b. By April 30, 2006, Employees must exhaust all
compensatory leave accrued in Accounts 1 and 2. As of
May 1, 2006, there will be no compensatory leave balances
for any employee. Exceptions to this policy may only be
granted, in writing and by the City Manager.
Leave Usage and Overtime Calculations
Vacation Leave - Vacation leave cannot be taken in increments of
less than one -quarter (1/4) hour. Absence from employment because
of illness is not chargeable against vacation unless you request
it. Unless otherwise specified in your collective bargaining
agreement, time spent on vacation leave does not count for
computing hours worked for overtime purposes.
Sick Leave -In addition to using. sick leave for an illness or
injury, as described earlier, employees may use sick leave for the
VI-5 10/24/2004
death or funeral of any member of the employee's household, or any
grandparent, grandchild, uncle, aunt, niece, or nephew, or
corresponding in-law, limited to a total of three .(3). days of sick
leave per calendar year.
Sick leave cannot be taken in increments of less than one -quarter
(1/4) hour. Unless otherwise specified in your collective
bargaining agreement, time spent in sick leave status does not
count for computing hours worked for overtime purposes.
Compensatory leave - Compensatory leave cannot be taken in
increments of less than one -quarter (1/4) hour. Unless otherwise
specified in your collective bargaining agreement, time spent in
compensatory leave status does not count for computing hours worked
for overtime purposes.
Requesting Leave
Vacation Leave - You must get your Supervisor's approval before
taking Vacation Leave. Give your Supervisor as much lead time as
possible, so your work load can be covered during your absence.
Sick Leave - Unless physically unable to do so, you must contact
your Supervisor within a reasonable time (generally two hours from
the start of your scheduled shift) when you cannot attend work due
to an unplanned illness. Employees on sick leave must talk
directly to their Supervisor or designee, and must report in on a
daily basis. If an employee is physically unable to report in, a
family member may contact the Supervisor within this time frame.
An employee will be required to submit a physician's certification
upon return to work if that employee is on sick leave for more than
one (1) work week.
Compensatory Leave - Employees who wish to use compensatory leave
must do so without unduly disrupting City operations. Use of
compensatory leave requires your Supervisor's prior approval.
Leave Payouts and Transfers
Vacation Leave - If you terminate employment with the City of
Bozeman for a reason not reflecting discredit on yourself, you will
be paid for 100% of your unused vacation leave. To be eligible,
you must have worked the qualifying period. This payout will be
based on your hourly rate at termination. This policy is subject
to the restrictions described in Termination Benefits found in
Section XV, Terminations and Resignations.
Unless there is a break in service, if you transfer among divisions
or departments within the City of Bozeman, your vacation leave
balance transfers with you.
Sick Leave - In general, if you terminate employment with the City
of Bozeman, you will be paid for 25% of your unused sick leave. To
be eligible, you must have worked the qualifying period. This
VI - 6 10/24/2004
payout will be based on your hourly rate at termination. Abuse of
sick leave is cause for dismissal and forfeiture of the sick leave
lump -sum payment. This policy is subject to the restrictions
described in Termination Benefits found in Section XV, Terminations
and Resignations.
Unless there is a break in service, if you transfer among divisions
or departments within the City of Bozeman, your sick leave balance
will transfer with you.
Compensatory Leave -
Non -Exempt Employees - If you terminate employment with the City of
Bozeman, you will be paid for 100% of your unused compensatory
leave. This payout will be subject to the maximum accruals,
detailed earlier. To be eligible for this payout, you must have
received your Supervisor's written approval to work these
additional hours. Unless otherwise covered by collective
bargaining agreement or the Fair Labor Standards Act, this payout
will be based on your hourly rate at termination.
Unless there is a break in service, if you transfer from one
position to another within the City of Bozeman, your compensatory
leave balance transfers with you, subject to the maximum accruals
detailed earlier.
Exempt and Non -covered Employees - Through April 30, 2006, and
unless there is a break in service:
• Exempt and Non -covered employees who transfer from one
position to another within the City of Bozeman will have their
compensatory leave balances transfer with them, subject to the
maximum accruals detailed earlier.
• Exempt and non -covered employees who terminate their
employment with the City will receive 100% reimbursement of
their unused compensatory leave. This reimbursement will be
based on the employee's pay rate at termination.
Effective May 1, 2006, no Exempt or Non -covered employee will be
entitled to reimbursement or transfer of compensatory leave at
termination nor will these employees be entitled to carry these
balances with them to another position within the City.
Holidays
The City of Bozeman has established eleven (11) legal holidays for
its employees. The designated holidays are as follows:
New Year's Day Labor Day
Martin Luther King's Birthday Columbus Day
President's Day
Memorial Day
Independence Day
General Election
Day (alternate
(observed the day
after Thanksgiving)
Veteran's Day
Thanksgiving Day
Christmas Day
years)
VI-7
10/24/2004
Certain divisions, departments or bargaining units may establish
alternate days for holidays.
Holidays falling within a period of sick or vacation leave are
counted as holidays in computing vacation or sick leave. If a
holiday falls on Saturday, it is observed the preceding Friday. If
a holiday falls on a Sunday, it is observed the following Monday.
To be eligible for holiday benefits, you must be employed by the
City and in a pay status on the last regularly scheduled working
day immediately before the holiday or on the first regularly
scheduled working day immediately following the holiday. You are
not eligible to receive holiday benefits if:
• you are a new employee to City government and begin work on the
day after a holiday is observed; or
• you return to work following a leave of absence without pay, or
return to a seasonal position, on the day after a holiday is
observed; or
• you are on Leave Without Pay from the City on the day the
holiday is observed;
• you are a Short-term employee, as defined earlier in this
Section.
Unless otherwise specified by the collective bargaining agreement:
1. If you are an eligible full-time employee who is scheduled for
a day off on a day that is observed as a legal holiday, you
will receive a day off with pay either on the day preceding
the holiday or on another day following the holiday. This
additional day will be in the same pay period or as scheduled
by you and your supervisor, whichever allows a day off in
addition to your regularly scheduled day off.
2. If you are an eligible part-time employee, you will receive
prorated holiday benefits, based upon the average number of
hours worked per day, including holidays, during the pay
period in which the holiday occurred.
3. If you are a non-exempt employee, Holiday pay is not
considered as time worked for computing overtime.
4. Holiday benefits shall not exceed eight (8) hours per day. An
employee who works a shift consisting of more than eight hours
per day will be required to work additional hours in the same
week, without overtime compensation, or use vacation or
compensatory leave, to make up the difference.
Paid Military Leave
If you are a member of the Montana National Guard or a member of
the United States Reserves Corp, and you have been a City employee
for a period of six (6) calendar months, you are entitled to a
leave of absence with pay for a period not to exceed fifteen (15)
VI-8 10/24/2004
working days per year to attend regular encampments, training
cruises and similar training programs. Employees employed less
than six (6) months are entitled to unpaid leave for the purposes
listed above. Military leave does not include regularly scheduled
drills (Inactive Duty for Training - IDT). You must submit a copy
of your Military orders with your timesheet to be entitled to the
leave with pay. Other military leave will be afforded in
accordance with state and Federal law.
Pregnancy Leave
The City of Bozeman provides female employees reasonable leave to
recover from pregnancy -related illness. Following a period of
Pregnancy Leave, the employee is entitled to return to her same
job, or to a job with equivalent pay, duties, benefits and
longevity. It is the employee's responsibility to express her
Pregnancy Leave needs to her Supervisor, and to update the
Supervisor should these needs change. As with all medical
conditions, the City will rely on the judgement of medical profes-
sionals to determine the length of Pregnancy Leave. You should
also refer to the Family and Medical Leave Policy and to your
collective bargaining agreement for further information.
Administrative Leave
Leave with Pay may be granted by the City Manager or his/her
designee under the terms and in the situations where he or she, in
his or her sole discretion, deems it in the best interest of the
City and/or employees to do so.
Bereavement Leave is a form of Administrative Leave available to
employees for the death of an employee's family member. In this
case, "family member" means a parent, spouse, child, sister or
brother. Child does not include an unborn child, but does include
a live birth for which a birth certificate was issued and further
includes a step -child. Adoptive family members and step family
members count the same as family members by birth. Bereavement
leave is available for up to ten working days (e.g., 80 hours for
a full-time employee) per occurrence subject to the following:
a. There is a limit of one occurrence per calendar year; and
b. If sick leave is permitted to be used for the death or funeral
of a family member under any collective bargaining agreement,
the employee may chose to use either sick leave or bereavement
leave. The combination of sick leave and bereavement leave
shall not exceed 10 days per calendar year.
As with other unscheduled absences, employees are expected to
notify their supervisors as soon as they learn of the need for
Bereavement Leave.
Special Administrative Leave for Exempt and Non covered Employees -
Effective October 24, 2004, the City will provide Exempt and Non -
VI - 9 10/24/2004
covered employees two (2) paid administrative leave days per fiscal
year, subject to the following:
1. These days will be awarded on July 1 of each fiscal year, and
must be used by June 30 of the same fiscal year, or they will
be forfeited;
2. New employees must satisfactorily complete the initial
employment period before being awarded any paid administrative
leave days; and
3. Employees hired after December 31 of the fiscal year will
receive only one (1) day of this leave during the first year
of employment.
Workers' Compensation Leave
The use of sick and vacation leave and compensatory time while on
a period of Workers' Compensation Leave will be administered in
accordance with applicable State law and/or your collective
bargaining agreement.
Jury Duty or to Serve as a Witness
If you are selected for jury duty, or are subpoenaed to serve as a
witness, you have the option of receiving your normal pay, or of
charging your time off to your vacation leave. If you receive your
normal pay, you will be required to return any jury or witness fees
you are paid to the City. However, you will not have to return any
expense or mileage costs paid to you by the court.
Family and Medical Leave
The Family and Medical Leave policy will be administered according
to the Family and Medical Leave Act (FMLA) of 1993. A brief
description is attached for informational purposes in Appendix B.
Employees should contact their Supervisor(s) and the Personnel
Department as soon as the need for this leave becomes apparent.
Use of Leave while on Family and Medical Leave - The City requires
that you exhaust all sick leave balances before going on unpaid
Family and Medical Leave. You may also elect to use vacation
leave, compensatory leave, or both while on a period of Family and
Medical Leave. Compensatory leave used will not be counted against
your FMLA allotment.
Process for Requesting Family and Medical Leave - Talk with your
Supervisor and the Personnel Director as soon as the need for
Family and Medical Leave becomes apparent. While you are not
required to provide specific information about the type of medical
leave you are requesting, you should be prepared to discuss the
length of leave time you need, and when you expect the leave to
begin and end. The Personnel Director will give you any forms you
need to complete. Get these back to the Personnel Director as soon
VI - 10 10/24/2004
as possible so she or he can process your request for Family and
Medical Leave. Your Supervisor will work with Personnel and Payroll
before and during your absence to make sure you are receiving
proper pay and benefits.
Workers Compensation and Family Medical Leave - Time spent away
from work recovering from a Workers' Compensation -related illness
or injury will be counted against your FMLA allotment.
VI -11 10/24/2004
XIII. Payroll
1 of 2 Paaes
Effective Date: 7/1/97-
Pay Period
Revision Date: 10/1/97
The payroll period for hourly employees is from the 24th of one
month through the 23rd day of the next month. For salaried
employees, the payroll period is from the first day of the month
through the last day of the same month. Time sheets cover the
period of the 24th of one month to the 23rd of the next month.
Time Records
If you are a non-exempt employee under the Fair Labor Standards
Act, give your Supervisor your time sheet, as well as any
compensatory and/or overtime time approval .forms, at the end of
your shift on the 23rd of the month (or on the last shift you are
scheduled to work prior to the 23rd). Your Supervisor will review
and approve the time sheet and forward it to the Payroll
Department.
If you are an Exempt or Non -covered employee, give your Supervisor
your Leave Usage Record, at the end of the day on the 23rd of the
month (or on the last shift you work prior to the 23rd.) Your
Supervisor will review and. approve the Record and forward it to the
Payroll Department.
Paychecks
Paychecks are generally distributed on or after 10:00 a.m. on the
last working day of the month. You will pick up your check from
your Supervisor or, in your Supervisor's absence, from another
authorized party at your established worksite. If someone else is
going to pick up your paycheck, you must complete an Authorization
form, which is available from the Payroll Department.
Direct Deposit
Direct deposit is available to interested employees. The pay of
those choosing to use this option is deposited into the employee's
account by 10:00 a.m. on the established pay day.
Advance Pay
Under no circumstance will a check be written for an employee in
advance of the established pay date for a given pay period.
Changes in Rate, Position or Pay Status
In general, changes in rate, position or status shall be supported
by an approved Personnel Action Form, which is initiated by the
Supervisor or Payroll or Personnel Officer, approved by the
XIII -1 10/24/2004
Department Head or Supervisor and signed and dated by the employee.
Copies of Personnel Action Forms are maintained in the employee's
personnel and payroll files.
Garnishment Policy
Garnishments against City employees may only be served upon the
Payroll Officer, Personnel Director, or the City Attorney's office.
Payroll Deductions
The following deductions are required by law from each employee's
paycheck:
1. Federal and State Income Tax Withholding;
2. Social Security Withholding, as required;
3. Medicare;
4. Retirement Contributions (eligible employees only);
5. Workers' Compensation Tax Withholding;
7. Other deductions authorized by law, such as garnishments.
Additional deductions which are optional and may be requested by
the employee include, but are not limited to:
1. Contributions to charitable organizations;
2. Payments to a credit bureau;
3. Union dues and initiation fees (if provided in collective
bargaining agreement);
4. Payment of insurance premiums, if applicable;
5. Flexible Benefits Plan withholding;
6. Deferred Compensation.
It is the employee's responsibility to maintain current payroll
deduction information with the Payroll Officer. Employees wishing
to add or change their payroll deductions should contact the
Payroll Officer. Employees shall also notify the Payroll Officer
when their address and/or telephone number changes.
XI I I -2 10/24/2004
XIV. Hours of Work
Page 1 of 2 Pages
Effective Date: 7/1/97
Work Day
Revision Dates: 10/1/97;
10/24/2004
Unless otherwise provided, a normal work day is an 8 hour period,
with a lunch break around mid -day, and a 15 minute paid rest break
in the morning, and a 15 minute paid rest break in the afternoon.
The work week established to comply with the Fair Labor Standards
Act (as amended) is from 12:01 a.m. Sunday to midnight (12:00
a.m.) Saturday. Any deviation from this policy must be approved by
the Department Head. Refer to your collective bargaining agreement
for more information.
Work Periods
Unless otherwise provided for in the collective bargaining
agreement, the work period for all City employees will be a seven
(7) day period beginning on Sunday at 12:01 a.m., and continuing
through Saturday at 12:00 a.m. (midnight).
This policy shall not apply to employees whose labor agreement
provides for a different work period, nor does it apply to
Employees who are Exempt from, or not covered under, the Fair Labor
Standards Act. Work periods may be changed to accommodate special
work schedules, such as summer schedules.
Office Hours
Other than holidays, City offices are open to the public from 8:00
a.m. to 5:00 p.m., Monday through Friday. Any deviation from this
Policy must be approved, in writing, by the City Manager.
Flexible Work Schedules
Upon approval of the Department Head, Supervisors may approve
flexible work schedules for City employees. This approval shall be
given only if the level of services provided to customers will not
be adversely affected by the flextime.
Unless otherwise provided through the collective bargaining
agreement, employees affected by any permanent change in a work
schedule should be given a five (5) day notice of the change.
Overtime or Compensatory Pay
Non -Exempt Employees - Unless otherwise provided in your collective
bargaining agreement, if you work in excess of 40 hours per week,
you are entitled to overtime or compensatory time, at time and a
half, for each hour worked in excess of 40.
XIV- 1 10/24/2004
To minimize the need for overtime and compensatory time, Supervi-
sors of non-exempt employees should use flexible scheduling so that
no more than forty.(40) hours per week are worked. Whenever
possible, the change In a work schedule should be in writing, and
the employee should be given at least one (1) working day's notice
of this change.
Non-exempt employees who work more than the scheduled hours without
written consent of the Supervisor, and/or Supervisors who permit or
require non-exempt employees to work more than 40 hours per week
without providing appropriate compensation, may be subject to
disciplinary action.
Exempt and Non -covered Employees - Effective October 24, 2004,
Exempt and non -covered employees are not entitled to overtime or
compensatory time. The list of Exempt and non -covered positions
may be obtained from the Human Resources Director.
XIV-2 10/24/2004
XIX. Collective Bargaining Units Page 1 of 1 Pages
and Membership
Effective Date: 7/1/97 Revision Date:10/24/2004
Collective Bargaining Units
The City has entered into four agreements with collective
bargaining units representing employees. These units, and the
employees represented are as follows:
Police - The Bozeman Police Protective Association, which currently
covers all City police officers except Assistant Directors of
Public Safety assigned to Patrol, Operations or Investigations, and
Lieutenants.
Fire - International Association of Firefighters, Local 613, which
currently covers all City combat Firefighters, Inspectors and
Training Officer, but not the Assistant Directors of Public Safety
assigned to Fire Operations/EMS Services and to Inspections.
Labor - Butte Teamsters Local #2, which currently includes any
employee who works, in a regular status, as a maintenance or
service employee in the Street, Park, Forestry, Cemetery, Solid
Waste, Water, Wastewater, Wastewater Treatment Plant and Water
Treatment Plant Divisions of the City, except Superintendents,
Assistant Superintendents, and confidential clerical employees.
Montana Public Employees Association - which currently includes all
City employees who work at least 20 hours per week or more on a
continual basis, excluding supervisors, management officials,
confidential employees, Professional Engineers and Engineers In
Training, and also excluding those employees whose positions are
included in the collective bargaining units listed above. This
unit also excludes seasonal, temporary, grant funded, and some
part-time employees.
You will be advised of your collective bargaining unit upon entry
to employment, and will be provided with a copy of the current
collective bargaining agreement.
Membership
If you are covered by one of the collective bargaining units listed
above, you are required to either become a member of the unit or,
in the alternative, pay a representation fee to the unit. This fee
will be deducted from your paycheck on a monthly basis. Failure to
comply with this requirement may result in termination.
XIX-1