The emergency meeting of the Grey Eagle City Council was called to order by Mayor Joseph Arnzen at 7:00 pm, on the 28th day of December 2023 in Council Chambers. Council members present were Brad Johnson, Roland Ahrendt, Brian Hollenkamp and Chris Browen. There were no council members absent. Also in attendance was Beth Ramacher.
Quotes from John Wiese Ford ($8986.17) and Melrose Motor ($7021.63) were reviewed to replace the head gasket in the F450 Plow Truck. A verbal quote was given from Rock Bottom Diesel for $5000. A motion was made by Brad Johnson to have service done by Rock Bottom, after a written quote was received. A second was made by Brian Hollenkamp and upon vote, with all members voting in favor, motion carried.
A motion was made by Roland Ahrendt to approve Resolution No. 2023-14: Resolution Adopting Earned Sick & Safe Leave Policy. A second was made by Chris Browen and upon vote, with all members voting in favor, motion carried. The resolution is as follows:
WHEREAS, Minnesota’s earned sick and safe time law requires employers to provide paid leave to employees who work in the state; and
WHEREAS, the new policy must be in effect on or before January 1, 2024; and
WHEREAS, the City of Grey Eagle is a family friendly environment and employer who would like to be supportive to employees in their time off needs; and
WHEREAS, the City aims to have equitable treatment of employees; and
WHEREAS, Attachment A shows the new policy;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Grey Eagle, that the Earned Sick and Safe Leave Policy shown in Attachment A be added to the City’s Personnel Policy, effective January 1, 2024.
Adopted by the Grey Eagle City Council on this 28th day of December 2023.
ATTACHMENT A: Earned Sick and Safe Leave Policy for the City of Grey Eagle
“Earned Sick and Safe Leave” is paid time off earned at one hour of Earned Sick and Safe for every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per year. This specific leave applies to all employees (including part-time, seasonal and temporary employees) performing work for at least 80 hours in a year for the City. Earned Sick and Safe Leave policy is in accordance with Minn. Stat. § 181.9445-181.9448.
a) Eligibility/Accrual: All Employees, except Paid on Call Firefighters or Council Members, are entitled to earn sick and safe leave at the rate of one (1) hour for every thirty (30) hours worked, up to a maximum of forty-eight (48) hours accrued yearly. Accrued and unused hours carry over into future years, up to a maximum of eighty (80) hours accrued overall. When the 80-hour overall limit is reached, accrual immediately stops until usage occurs, at which time accrual restarts (until either the yearly or overall limit is reached). When the 48-hour yearly limit is reached, accrual does not restart until the following year. The year starts on January 1 and ends on December 31. All employees begin accruing hours on the first day of work, regardless of whether they are full time, part-time, seasonal or temporary workers.
An employee who is exempt from the overtime provisions of the Fair Labor Standards Act is assumed to work 40 hours per week.
b) Use/Purpose: All employees are permitted to use the leave in increments of not less than fifteen (15) minutes. Earned Sick and Safe Leave can be used as it is accrued and only after employees have performed at least eighty (80) hours of work for the City.
Paid Earned Sick and Safe Leave hours will be compensated at the employee’s regular rate of pay.
Employees may only use sick and safe leave for one of the authorized reasons listed below.
Illness: The employee or family members:
– Mental or physical illness, injury or other health condition
– Need for medical diagnosis, care or treatment, of a mental or physical illness
– Injury or health condition
– Need for preventative care
• When it has been determined by health authority or a health care professional that the employee or family member is at risk of infecting others with a communicable disease. Whether or not the employee or family member has actually contracted the communicable disease.
• The employee’s inability to work or telework because the employee is:
– Prohibited from working by the City due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or
– Seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such employee has been exposed to a communicable disease or the City has requested a test or diagnosis;
Safety: The employee or family members:
– Absence due to domestic abuse, sexual assault, or stalking of the employee or family member provided the absence is to:
– Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking.
– Obtain services from a victim service organization.
– Obtain psychological or other counseling.
– Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking.
– Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking.
Closure: Closure of the employee’s workplace due to weather or other public emergency
– A family member’s school or place of care has been closed due to weather or other public emergency.
c) Family member includes an employee’s:
• Spouse or registered domestic partner
• Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis.
• Sibling, step sibling or foster sibling
• Biological, adoptive, or foster parent, stepparent or a person who stood in loco parentis when the employee was a minor child.
• Grandchild, foster grandchild, or step grandchild
• Grandparent or step grandparent
• A child of a sibling of the employee
• A sibling of the parent of the employee or
• A child-in-law or sibling-in-law
• Any of the above family members of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.
• Up to one individual annually designated by the employee.
d) Advance Notice for use of Earned Sick and Safe Leave
If the need for sick and safe leave is foreseeable, the City requires seven days’ advance notice. However, if the need is unforeseeable, employees must provide notice of the need for Earned Sick and Safe time as soon as practicable.
When an employee uses Earned Sick and Safe time for more than three consecutive days, the City may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave).
However, if the employee or employee’s family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, Earned Sick and Safe Leave for a qualifying purpose. The City will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the employee’s family member’s medical condition.
In accordance with state law, the City will not require an employee using Earned Sick and Safe leave to find a replacement worker to cover the hours the employee will be absent.
The City must maintain the confidentiality of Earned Sick and Safe records, medical certifications, histories and documents information pertaining to domestic abuse, sexual assault or stalking, and any statement from the employee about the need for leave. Medical records will be maintained confidentially and apart from personnel files. Per the statute, employees may request the City to destroy or return records under Earned Sick and Safe Leave that are older than three years prior to the current calendar year.
e) Carry Over of Earned Sick and Safe Leave
Employees are eligible for carry over accrued but unused Earned Sick and Safe time into the following year, but the total of Earned Sick and Safe Leave carry over hours shall not exceed 80 hours.
f) Retaliation Prohibited
The City shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an Earned Sick and Safe Leave absence, or pursuing remedies. Further, use of Earned Sick and Safe Leave will not be factored into any attendance point system the City may use. Additionally, it is unlawful to report or threaten to report a person or a family member’s immigration status for exercising a right under Earned Sick and Safe Leave.
g) Benefits and Return to Work Protections
During an employee’s use of Earned Sick and Safe Leave, an employee will continue to receive the City’s employer insurance contribution as if they were working, and the employee will be responsible for any share of their insurance premiums.
An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to return to their City employment at the same rate of pay received when their leave began, plus any automatic pay adjustments that may have occurred during the employee’s time off. Seniority during Earned Sick and Safe Leave absences will continue to accrue as if the employee has been continually employed.
h) Separation of Employment
Employees will not be paid for any accrued but unused sick and safe leave upon termination of employment. If an employee separates from employment and is rehired within 180 days, any earned and unused sick and safe leave that the employee had at the time of separation will be reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at the commencement of reemployment.
Effective January 1, 2024
A motion was made by Brian Hollenkamp to adjourn the meeting at 7:08 pm. A second was made by Brad Johnson and upon vote, with all members voting in favor, motion carried.
Beth Ramacher, Clerk
-
-
-
-
-
-
-