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RES 2023-77 Establishing a Flexible Work PolicyCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2023-77 ESTABLISHING A FLEXIBLE WORK POLICY WHEREAS, in July 2023, the City began a trial period for flexible work for City Hall employees; and WHEREAS, the City Council has determined flexible work to be a tool for retention, recruitment, and employee satisfaction; and WHEREAS, the City has developed a Flexible Worl< Policy to ensure that the City is Keeping up with employment and workplace changes; and WHEREAS, the City Council has met to discuss and review the policy; and WHEREAS, the City Council finds it is necessary to establish a policy regarding flexible work in the Otsego workplace. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the Flexible Work Policy as attached hereto is hereby adopted effective immediately. ADOPTED by the Otsego City Council this 27th day of November, 2023. MOTION BY: Dunlap SECONDED BY: Goede INFAVOR: Dunlap, Stockamp, Goede, Dahl, and Moores OPPOSED: none CITY OF OTSEGO Jessica L. Stockamp, Ma or ATTEST; Audra Etzel�pCity Clerk CITY OF 0 ot e MINNESOTA Flexible Work Policy Adopted: November 27, 2023 I. PURPOSE: Explaining the applications of a flexible schedule and/or telework schedule for non -union employees and payment of overtime for non-exempt employees. A flex work schedule allows employees to work the same number of hours as expected but at different times than the City normally operates. A telework schedule allows employees to work from their residence in lieu of working in City facilities. Both of these schedules are established in advanced and mutually agreed upon by the Department Head and the employee and signed off on by Human Resources. This policy does not apply to requests for a reasonable accommodation, which is governed by Otsego's ADA Policy. II. DEFINITIONS: Eligible employee: eligibility determined based on functions of role, including administrative staff. Within the work week: Consists of seven consecutive 24-hour periods, i.e., 168 consecutive hours designated by the City. Overtime pay: All regular full-time and part-time non-exempt employees are eligible to receive overtime pay at the rate of one and one-half times the regular rate of pay for any hours worked beyond the normal work week. Non-Grievable: The approval or denial of remote working arrangements is not subject to the grievance procedure. Normal Workday: The hours that the position is regularly scheduled to work. Ex. An employee working a 10-hour day flex schedule will not be paid overtime for working over a traditional 9 hours per day as their "normal work day" would be modified to be 10 hours. Page 1 City Hall Core Hours: Monday - Thursday 8:OOam-5:OOpm; Friday 8:OOam-12:OOpm Flexible Schedules: Flex Work: Employee is permitted a change in work location or daily schedule based on a specific and finite need, not reoccurring. Verbal permissions permitted; no policy agreement needed. Alternative Schedule: Employee works outside of the department's core hours and/or Monday through Friday work week on an ongoing basis. Telework: Employee works from their home residence based on a specific day and finite need, not reoccurring. III. PROCEDURES FOR APPROVAL/REVOCATION: A. The City will consider requests to telework or work flexible hours from Eligible Employees. All requests to work flexible hours must be submitted to the Department Head in writing. B. The Department Head may contact you for additional information or additional details on why your position is suitable for a flexible or telecommuting schedule to ensure that you are able to complete all of the functions of your position. C. The City will consider requests to work a flexible or telework schedule on a case -by -case basis considering the following non-exclusive factors: tenure, position, performance, manager support, customer service needs, departmental/City needs, budget impact, access to support staff, and administrative burden. Not all positions may be suitable for telework and/or flexible work scheduling. The City reserves the right to grant or deny requests in its sole discretion. D. Flexible schedules will be allowed for city hall staff as requested, and allowed when appropriate coverage is available for city services. Flexible work days will be allowed to adjust from 7:00 AM to 5:30 PM. (7:00 AM — 4:OOPM; or 8:30 AM — 5:30 PM. Schedules can be reoccurring during the week, or it can be for a specific day or situation. 1. Flexible Start and End Times: Agreed -upon starting and end times that differ from the standard schedule for the department or work group. Flextime does not reduce the total number of hours worked in a given workweek. Flextime options can include fixed starting/ending times that change periodically; starting and ending times that can vary daily; and variations in the length of days (e.g., 6-hour day followed by a 10-hour day). 2. When making the decision to approve a flexible work schedule, supervisors and the City Administrator may consider factors such as: • Department coverage Page 2 • Impact on the public • Impact on City employees, contractors, and consultants • Safety issues • Supervision issues • Budgetary issues • The employee's performance E. The City may approve a request to work a flexible or telework schedule on a trial period. After the trial period, the arrangement will be reviewed and may be withdrawn or approved for a longer period. Any flexible or telecommuting agreement will be reviewed on an annual basis to determine whether the arrangement continues to be appropriate. Because a flexible or telework schedule is a benefit and not a right, the City has the sole power to approve or revoke any such arrangement without notice. Permission to work flexible hours and/or telecommute is not guaranteed and is subject to immediate needs of the department. Employees must be able to report to the workplace during core hours and/or their schedule workday. G. If the City intends to revoke a flexible and/or telecommuting schedule, the City will, except in circumstances including discipline, performance, violation of workplace policies and procedures, or other extenuating circumstances in the City's sole discretion, attempt to give as much notice as possible prior to the revocation. H. Flexible Schedules will be reviewed by each department, at minimum, annually. Ongoing requests from employees may result in the reassessment of existing agreements within a department to allow for equitability in access. In addition to abiding by the contents of this policy, an employee engaging in a telework schedule will be required to sign an agreement outlining additional terms and conditions of the work arrangement prior to beginning a telework schedule. IV. ADDITIONAL DETAILS: A. Telework will be allowed for a maximum of two (2) consecutive days. Consecutive days are counted as work days, Friday then the Monday after would be considered consecutive; similar with holidays. For a total of four (4) days in total each quarter. Reoccurring requests for telework Mondays and Fridays will not be considered. B. Telework days allowed for administrative staff is a maximum of four (4) days per quarter. (Q1: Jan 1— March 31; Q2: April 1— June 30; Q3: July 1— September 30; Q4: October 1— December 31) Page 3 C. Telework is expected to be done within 7:00 AM to 5:30 PM; and days are considered full no matter the number of hours of telework is used (partial or half day telework is considered 1 of the 6 days). This does not apply to 2.6.1 Flex Work. • Reoccurring flexible schedules may not be available to probationary employees. • Reoccurring flexible schedules cannot be changed due to holidays, required meetings, etc. D. Non-exempt employees requested or required to attend meetings or to work beyond their normal workday have the option to receive overtime pay or, when mutually agreed upon with the Department Head, to flex the work schedule during the pay period. E. Even if a flexible and/or telework schedule is established, physical presence may be required at certain times for employees and, if required, the employee is expected to report in person. F. Employees will record the days and hours actually worked for each pay period. Employees are not to work overtime without prior departmental approval. Employees must also take all meal and/or rest breaks as required by law. G. Travel to and from a City office for the purpose of meetings or other work requirements are not considered eligible for compensation and mileage will not be reimbursed. H. Unless otherwise specified by the Department Head, an employee's job duties and responsibilities do not change under a flexible and/or telecommuting schedule. Employees must continue to perform all job duties and responsibilities at a satisfactory level. Failure to do so may result in the employee being required to return to a standard schedule, disciplinary action, or both in the employer's sole discretion. Employees with an approved telecommuting arrangement must establish an appropriate work environment to avoid problems associated with safety or poor ergonomics. The City will not be responsible for costs associated with setup of the employee's telecommuting premises. J. The City, at its sole discretion, may choose to provide equipment and related supplies for use by the telecommuter or permit the use of employee -owned equipment. Any equipment supplied by the City for the use at a remote location may not be used for personal purposes by the employee or non -City employees. This aspect of the telecommuting is monitored by the City on a periodic basis. Equipment the City may provide at its sole discretion, may include, from an IT Department -approved vendor, the following: • A suitable mobile computing device • Up to two monitors • Docking station Page 4 • Keyboard & Mouse • Webcam • Desk phone • Surge protector K. The City will not provide equipment or services for an employee's home network, such as: • Phone or coax cables • Modems • Routers • Internet access • Service stipend L. The City will maintain a record of its software, hardware, and other property located in the remote work location. M. The IT Department will not make any changes to non -City equipment. N. The City is not responsible for supporting the telecommuter's internet connection or personal equipment. O. Employees continue to be subject to all applicable City policies and procedures that are not in conflict with an agreement otherwise. P. Any violation of this policy will result in the immediate termination of the employee's telecommuting arrangement and may further be grounds for discipline, up to and including discharge. Q. This policy is not intended to restrict communications or actions protected or required by state or federal law. V. ADMINISTRATIVE RESPONSIBILITY A. Each Department Head is responsible for informing their employees of this policy, including timesheet recordkeeping, and for distributing this policy. B. If you have any questions regarding this policy, please direct them to Human Resources who is responsible for maintaining this policy. Page 5