15.03 Qualification for Receiving Vacation
15.04 Military Service
15.05 Allowance, Calculation and Use of Vacation
15.06 Vacation Accrual
15.07 Vacation Payment
15.08 Reinstatement and Transfer Affecting Vacation
15.09 Sick Leave
15.10 Definition of Sick Leave
15.11 Allowances and Calculation of Sick Leave
15.12 Interrupted Service and Sick Leave
15.13 Sick Leave Termination
15.14 Medical and Sick Leave Reports (CSC 3/14/02)
15.15 Use of Employee’s Accrued Sick Leave for a Family Member’s Illness
15.16 Sick Leave and Vacation Refunds
15.17 Suspensions and Sick Leave
15.18 Sick Leave Deductions for Employees on Leave of Absence Without Pay
15.19 Other Leaves With Pay
15.20 Leaves With Pay to be Approved by the Human Resources Director (CSC 2/24/09)
15.21 Right of Employee to Retain Position After Leave
15.22 Failure to Report After Leave
The purpose of Rule 15 is to provide equitable and competitive paid leave for vacation, illness and other reasons for employees.
Employees in the classified service are entitled to leave with full pay for vacation purposes in accordance with the provisions of this rule or in accordance with the provisions of an applicable collective bargaining agreement, where such contract specifies otherwise. Vacation leaves are to be taken at such reasonable time as approved by the department head with particular regard to the needs of the service, seniority of employee, and, insofar as practicable, with regard to the wishes of the employee. (CSC 3/14/02)
Vacation with full pay will be granted to permanent employees in accordance with the guidelines below:
A. Full-time permanent employees who have completed six months of continuous service will be credited one year toward vacation increments for each year of continuous service worked.
B. Part-time permanent employees who have completed probation will be credited one year toward vacation increments for each year that they worked at least half-time or more.
C. Seasonal permanent employees who have completed probation will be credited one year toward vacation increments for each season that they worked at least two months or three hundred forty-eight hours. (CSC 3/14/02)
D. Changes in status. Permanent employees who change status between full-time, part-time or seasonal work without a break in service, will retain the number of years of service that they earned toward vacation increments in their previous status. A change in status will under no circumstance result in an increase in the number of years of continuous service.
E. Other guidelines
- Applicable laws, rules, policies and collective bargaining agreements will determine credit toward years of service for time on authorized leave of absence without pay. Authorized leaves of absence without pay will not be considered to interrupt periods of employment if the returning employee accepts employment to the first available vacancy consistent with the Certification and Appointment Rule upon the expiration of leave. (CSC 3/14/02)
- Employees who have been given involuntary layoffs will be considered to have been continuously employed if they accept employment to the first available position consistent with the Certification and Appointment Rule; provided that any absence of twelve consecutive months will not be counted towards years of service for vacation entitlement.
- Upon return to work, employees will be credited for the time served on duty disability pension as the result of injury incurred on the job. This time will be used for the purpose of determining the amount of vacation to which they are entitled each year thereafter in accordance with Rule 15.06. (CSC 2/24/09)
Employees returning from military leave will be entitled to vacation as required by law. (CSC 2/24/09)
The following guidelines for the allowance and calculation of vacation will be observed:
A. Vacation Allowance
Vacation entitlement for those employees qualifying under section 15.02 in City Council Departments and the Minneapolis Park and Recreation Board will be the number of days leave from work with pay as normally accrue in consecutive periods as described below: (CSC 2/24/09)
- Vacation with full pay at a rate not exceeding twelve (12) working days each year for the first four (4) years of employment.
- Vacation with full pay at a rate not exceeding fifteen (15) working days each year beginning with the fifth (5 th) year of employment.
- Vacation with full pay at a rate not exceeding sixteen (16) working days each year beginning with the eighth (8 th) year of employment.
- Vacation with full pay at a rate not exceeding eighteen (18) working days each year beginning with the tenth (10 th) year of employment.
- Vacation with full pay at a rate not exceeding twenty-one (21) days each year beginning with the sixteenth (16 th) year of employment.
- Vacation with full pay at a rate not exceeding twenty-two (22) days each year beginning with the eighteenth (18 th) year of employment.
- Vacation with full pay at a rate not exceeding twenty-six (26) working days each year beginning with the twenty-first (21st) year of employment. (CSC 6-26-03)
The appointing authority shall have the authority to grant up to sixteen (16) years of prior service credit for the sole purpose of determining the vacation accrual rate. Prior service credit must be public or private sector experience directly related to the position for which the employee is hired and must be verified by the Human Resources Department.
The "department", as defined by the Civil Service Commission, shall establish procedures to ensure equity among employees of record on November 1, 2005. The procedures shall provide an internal appeal provision; however, the "department's" final decision may not be appealed to the Civil Service Commission.
B. Vacation Calculation
All vacation will be calculated on a direct proportion basis for all hours of credited work other than over-time and without regard to the calendar year. Effective January 1, 2003, such leave may be cumulative up to and including fifty (50) days for the Minneapolis Park and Recreation Board and City Council Departments. Leave in excess of the limits described above will not be recorded and will be considered lost. (CSC 4-25-91) (CSC 10-22-92) (CSC 6-26-03) (CSC 2/24/09)
C. Vacation Usage
The stipulations concerning vacation leaves listed below will be observed.
- Vacation will begin on the first working day absent from duty.
- When said vacation leave includes a holiday, said holiday will not be considered as one of the vacation days.
Employees certified to a permanent position prior to January 1, 1973, and Fire Fighters and Police Officers irrespective of date of certification, will be allowed to accrue a negative balance in their vacation account. This amount is not to exceed the anticipated vacation earnings in the immediate succeeding twelve-month period. The anniversary date for increased vacation allowance will be January 1 of any year in which calculation is changed. Employees hired subsequent to January 1, 1973, except Fire Fighters and Police Officers, will be authorized to utilize only vacation accrued to the date of their return from vacation leave. Furthermore, the anniversary date for purposes of increased vacation leave will be the beginning of the pay period in which they complete the appropriate number of work years. Employees who separate from the service will be required to refund vacation used in excess of accrual at the time of separation, if any. (CSC 3/14/02)
The following vacation payment guidelines must be observed.
A. The rate of pay for the vacation leave will be the rate of pay employees would receive had they been working at the position to which they have been permanently certified, except as provided in (B).
B. Employees on detail for a period of less than six months immediately prior to vacation will be paid upon the basis of the position to which they have been permanently certified. Employees on detail for more than six months immediately prior to vacation will be paid upon the basis of the position to which they have been detailed.
C. Permanent employees on an intermittent or part-time basis who have worked continuously for six months or more on such basis will also be granted vacation in direct proportion to the time actually employed. In any event, employees will not receive vacation pay greater than what their earning would have been during that period had they been working.
An employee who is or has been reinstated following separation pursuant to the Reinstatement Rule, or who is or has been re-employed through examination and certification within two years following separation will, after five consecutive years of service following such reinstatement or new certification, receive credit for prior service for vacation benefits. No such credit will be applied to an employee reinstated or re-employed for the second or subsequent time.
A transferred employee's vacation time will be governed as follows:
- An employee who has been transferred will retain vacation privileges acquired in the department from which transfer has been made.
- When an employee transfers from one department to another, the accrued vacation will transfer with the employee and become the responsibility of the accepting department unless other specific arrangements are made at the time of such transfer.
Employees in the classified service of the City of Minneapolis shall accrue sick leave at a rate of one day per month not to exceed 12 days per calendar year. Employees will be entitled to use accrued sick leave for actual illness, or illness of a family member. Sick leave will be granted in accordance with the provisions of this rule. (CSC 3/14/02) (CSC 2/24/09) (CSC 8/27/13)
The words “ill” or "illness" as they occur in this rule include temporary physical impairment, bodily disease or injury or mental affliction, whether or not a precise diagnosis is possible, when such disease, injury or mental affliction is, in fact, impairing. Other factors defining sick leave are as follows: (CSC 2/24/09) (CSC 8/27/13)
A. Ocular and Dental
Necessary ocular and dental care of the employee will be recognized as a proper cause for granting sick leave.
B. Chemical Dependency
Alcoholism and drug addiction will be recognized as illness but all classified employees are subject to the City's Drug and Alcohol Testing Policy. Sick leave pay for treatment of such illness will be contingent on two conditions.
- The employee undergo a prescribed period of hospitalization or institutionalization, and
- The employee, during or following the above care, participates in a planned program of treatment and rehabilitation approved by the Human Resources Director in consultation with the City's health care provider. For the purposes of CSC Rule 15.10 B. Human Resources Director will include the Human Resources Manager of the Park Board. (CSC 2/24/09)
- Absences during which ailments were treated by chiropractors or podiatrists will constitute sick leave.
- Absence of a non-represented and confidential employee due to an officially declared temporary suspension of normal operations as a result of inclement weather or other emergency conditions. (CSC 10-22-92) (CSC 2/24/09)
If permanently certified employees who have completed six months of continuous service, are absent due to illness, they will be charged against their allowance of sick leave. Twelve days of medically unverified sick leave may be allowed each year. However, the employer may require medical verification at any time with advance notice of such requirement to the employee and/or in cases of suspected fraudulent sick leave claims. The sick leave benefit earning rate for sworn Fire Department personnel on a twenty-four hour shift schedule is based on their average hours of work, in accordance with their contracted agreement. For the purpose of applying the rules for sick leave, one twenty-four hour shift is equal to two days of sick leave, and twelve hours is equal to one sick leave day. Further guidelines governing sick leave are listed below.
A. Sick Leave "Bank" - Accrual
All earned sick leave will be credited to the employee's sick leave "bank" for use as needed. Twelve days of medically unverified sick leave may be allowed each year, however, the department head may require medical verification at any time. The following "bank" stipulations will apply.
- Three or more consecutive days of sick leave will require an appropriate health care provider in attendance and verification of this attendance. "In attendance" will be interpreted to include a telephonically prescribed course of treatment by the doctor, which must be confirmed by a prescription or a written statement by the doctor.
- No employee may borrow against their sick leave "bank" except those employees who are injured on duty. Such injured employees will be permitted to borrow up to twelve days.
B. Sick Leave in Excess of One Hundred Twenty Days
Sick leave in excess of one hundred twenty working days will be wholly discretionary with the Human Resources Director, except that an employee who, in the opinion of the City's health care provider, is permanently and totally disabled from any gainful employment whatsoever, will be entitled to use all accrued sick leave. For the purposes of CSC Rule 15.11 B. Human Resources Director will include the Human Resources Manager of the Park Board. (CSC 2/24/09)
The following guidelines will apply:
A. A permanent employee or a Police Officer or Assistant City Attorney with six months of continuous service who has been certified or re-certified to a permanent position will, after layoff or disability retirement, be granted by the department sick leave with full pay consistent with the provisions of this rule.
B. A permanent employee or a Police Officer or Assistant City Attorney with six or more months of continuous service who has been transferred from one department to another will retain sick leave privileges acquired in the department from which transfer has been made.
C. Employees returning from military leave will be entitled to sick leave as provided in the applicable Minnesota Statute.
D. An employee, following reinstatement or re-employment within two years after separation, will, upon request, receive credit for prior service in computing sick leave credits. These credits will only apply to severance pay benefits and only after such employee has accumulated sufficient sick leave credits following reinstatement or re-employment to qualify for minimum severance pay benefits. No such credit will be applied to an employee reinstated or re-employed for the second or subsequent time.
A. No sick leave will be granted an employee who is not actually working or who is not available for scheduled work.
B. Layoff of an employee on sick leave will terminate sick leave.
A. Payroll Representatives will record on the employee's payroll record all sick leave, vacation and leave without pay according to Human Resources policies and procedures. (CSC 3/14/02)
B. An employee may be required to provide medical verification for sick leave to department management no later than two weeks after the payroll period in which it was taken. In its discretion, department management or the Commission may require an employee to provide such medical verification for sick leave prior to the end of the two weeks after the payroll period in which it is taken in the following situations:
- An employee has been absent on sick leave for three or more consecutive days; (CSC 3/14/02)
- An employee has used more than twelve days of unverified sick leave within a calendar year; (CSC 3/14/02)
- A Request for Leave of Absence for medical reasons has been submitted; or, (CSC 3/14/02)
- An employee is returning from an extended medical leave of absence. (CSC 3/14/02)
C. The Human Resources Director or department head may require a satisfactory medical report by the City's health care provider to determine the fitness of any employee to perform the duties of his or her job. (CSC 3/14/02)
Sick leave may be used to care for an employee's ill child or other family member pursuant to the same conditions covering the employee’s own sick leave usage. “Child” and “Family Member” are defined in Rule 16 -Definitions. (CSC 1/24/91) (CSC 5/23/96) (CSC 8/27/13)
A. Employees separating from the service will be required to make refund for sick leave and vacation used in excess of accrual at the time of separation.
B. Employees laid off for lack of work or lack of funds who have used, during the calendar year, sick leave or vacation in excess of their entitlement will not be required to make a refund for such sick leave or vacation. However, employees requesting a layoff out of order who, during the calendar year have used sick leave or vacation in excess of their entitlement, will be required to make a refund for sick leave or vacation used by them in excess of their entitlement.
Employees who have been suspended for disciplinary purposes during the calendar year will not be granted sick leave or vacation allowance for those periods of suspension.
An employee who during the calendar year has been on leave of absence without pay, except a military leave, will not be granted sick leave or vacation allowance for those periods of leave of absence without pay.
The following will qualify for a leave with pay:
A. Injury Incurred in the Performance of Law Enforcement and Firefighting. (CSC 2/24/09)
The Chief of the Fire Department and the Chief of Police, with the approval of the Human Resources Director, will grant a fire service employee or police officer injury on duty (I.O.D.) leave of absence with pay for a physical injury incurred in the performance of law enforcement or firefighting duty for a period of one hundred and eighty calendar days or less in accordance with the length of impairment. Injury incurred in the performance of law enforcement or firefighting duty will apply only to leave necessitated as the direct and proximate result of an actual injury or illness whether or not considered compensable under the Minnesota Worker's Compensation Law. Impairment resulting from each new injury or illness incurred in the performance of law enforcement or firefighting duty, or a recurrent impairment resulting directly from a previous injury or illness sustained in the performance of law enforcement or firefighting duty, will be compensable pursuant to, and where not otherwise in conflict with, the provisions of this rule. Such leave will not apply to impairment incurred as the direct result of substantial and wanton negligence or misconduct of the injured employee. The stipulations below will be observed. (CSC 2/24/09)
- When employees exhaust the one hundred eighty calendar days as provided above and are still impaired, they will be required to exhaust their regular earned sick leave and vacation for further leave resulting from their injury. When the employees have exhausted their sick leave and vacation and are still impaired, the Human Resources Director may grant them up to and including an additional ninety working days of medical leave. However, the City's health care provider must certify that the employees will be able to return to the full performance of their duties at the expiration of such extended leave. (CSC 2/24/09)
- When employees return to work following their use of earned sick leave or vacation or during the period they are on the extended leave as provided above, regular earned sick leave will be restored to their schedule as follows:
Sick Leave days at the
0 - 59
0 (no sick leave restored)
60 - 99
100 - 199
200 or more
B. Worker's Compensation
Employees in the classified service may use sick leave or vacation to supplement worker's compensation received (employee must be qualified under the provisions of the worker's compensation statute) where sickness or injury was incurred in line of duty. If sick leave or vacation is used it will be considered that the payments of full salary include the worker's compensation to which the employees are entitled under the statute, and the employees will receipt for such compensation payments. If sick leave or vacation is used the employees' sick leave or vacation credits will be charged only for that number of days represented by the amount paid to them in excess of the worker's compensation payments to which they are entitled under the statute. If an employee is required to reimburse the City for the compensation payments thus received, by reason of the employee's settlement with a third party, his/her sick leave or vacation will be reinstated for the number of days, which the reimbursement equals in terms of salary. In calculating the number of days, one-half day or more will be considered as one day, and less than one-half day will be disregarded.
C. Funeral Leave (CSC 11/21/95)
A leave of absence with pay shall be granted in the event an employee in the classified service suffers a death in his/her immediate family in accordance with the following:
- Three Day Leaves
A leave of absence of three working days shall be granted at the time of death of an employee's parent, stepparent, spouse, registered domestic partner within the meaning of Minneapolis Code of Ordinances Chapter 142, child, stepchild, brother, sister, stepbrother or stepsister.
- Two Day Leaves
A leave of absence of two working days shall be granted at the time of death of an employee's father-in-law, mother-in-law, grandparent or grandchild or members of employees' households. For purposes of this subdivision, the terms father-in-law and mother-in-law shall be construed to include the father and mother of an employee's domestic partner.
Additional time off without pay, or vacation, if available and approved in advance of use, shall be granted as may reasonably be required under individual demonstrated circumstances.
D. Religious Holiday
Leave of absence with pay because of religious holidays will be granted by the department head. It may be charged to vacation or may be granted in lieu of overtime the employee may have worked; or the employee may be allowed to work on some regular off day in order to be allowed off on the religious holiday.
E. Attendance at Meetings and Conventions
Attendance of employees at conventions or meetings authorized by the governing body is not considered a leave from duty and should not be noted on the Absence Report.
F. Jury Services
An employee in the classified service who serves as a juror will be granted leave with pay while serving on jury duty. This is contingent upon the employee refunding to the City any fees received.
G. Witness Fees
No employees will accept witness fees in any criminal case or any civil case to which the State of Minnesota, the County of Hennepin or the City of Minneapolis is party. This is pursuant to Chapter 441, Special laws of 1889, made a part of Chapter XX of the City Charter by reference, which provides that "any person employed in the service of said city (Minneapolis), who shall be called as a witness to give testimony in any criminal action or proceeding before any justice of the peace of said county, the municipal court of the City of Minneapolis, the district court, the probate court or the grand jury of said county or before a coroner's jury, or in any civil action or proceeding before any of said courts wherein the State of Minnesota, the County of Hennepin or the City of Minneapolis is a party, shall not receive any witness fee or compensation whatever for so appearing and testifying; provided, however, that the compensation paid by the city or county to such officer or employee for his services shall not be reduced by reason of his absence from work while attending as such witness." Furthermore, when the employee is required to travel outside the City of Minneapolis to be a witness pursuant to the above provisions, the travel time with pay allowed will be computed on the basis of the fastest available method of transportation.
The above provisions contained in Chapter 441, special laws of 1889, will also apply to the following:
- In any criminal case to which the Federal Government is a party and in which the employee is subpoenaed as a federal witness.
- In any case where the employee's relation to the case arose from the proper performance of the duties of the employee's City position, provided that the employee may accept witness fees and reimbursements. Such leave will be contingent upon the employee refunding to the City any witness fees that have been received.
H. Military Duty
Pursuant to Minnesota State Law, any City employee who is eligible under the statute is entitled to leave of absence with pay during a period not to exceed fifteen work days in any calendar year to fulfill service obligations. (CSC 2-26-91) (CSC 2/24/09)
I. Olympic Competition
Pursuant to Minnesota State Law, a City employee is entitled to leave without loss of pay to participate as a qualified member of the United States Olympic team for an athletic competition in a sport sanctioned by the International Olympic Committee, provided that the period of such paid leave will not exceed the period of the official training camp and competition combined or ninety calendar days a year, whichever is less. (CSC 10-15-87)
J. Bone Marrow Donors
Pursuant to Minnesota State Law, a qualified City employee who seek to undergo a medical procedure to donate bone marrow is entitled to paid leave for up to forty hours. Appropriate medical verification shall be required.
K. Investigatory Leave (CSC 2/24/09)
A department head may place an employee who is the subject of a misconduct investigation on an investigatory leave with pay. The department head shall notify the Human Resources Director if the investigatory leave exceeds thirty (30) days. For the purposes of CSC Rule 15.19 K. Human Resources Director will include the Human Resources Manager of the Park Board. (CSC 2/24/09)
Leaves of absence with pay in excess of vacation, incidental sick leave, cumulative sick leave, death in immediate family, and physical impairment allowance as set forth in 15.19 (A) may be granted by the department head and approved by the Human Resources Director. Such leave will be granted only for sickness, medical impairment or in exceptional cases and for such reasons, as in the judgment of the Human Resources Director, are reasonable. For the purposes of CSC Rule 15.20 Human Resources Director will include the Human Resources Manager of the Park Board. (CSC 2/24/09)
When employees are granted leaves of absence with pay, such employees at the expiration of such leave will be restored to their position.
Failure of an employee to report to work at the expiration of leave will be reported in writing to the Human Resources Department by the head of the department. The employee's non-return will be considered a resignation. For purposes of CSC Rule 15.22 Human Resources Director will include the Human Resources Manager of the Park Board. (CSC 2/24/09)
Last updated Aug 14, 2014