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EMPLOYEE SEPARATIONS**
The following chapter does not apply to the City Manager, Municipal Judges, City Council, City Attorney, or provisional employees.
Sections:
4.07.010 Reduction in force.
4.07.020 Resignation.
4.07.030 Transitional status and medical separations.
4.07.040 Retirement.
4.07.010 Reduction in force.
A reduction in force may occur through the abolishment of a specific position, program, funding source, or the need to reduce a number of employees. See Administrative Regulation “Reduction in Force,” which outlines layoff circumstances and procedures. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.07.020 Resignation.
Written resignations should be submitted at least two weeks prior to the effective resignation date. Provided the supervisor receives two weeks’ notice, an employee may request, or may be directed to use, accrued compensatory time during any or all of this period. The department director, after consultation with the Department of Employee Relations, may place an employee on paid administrative leave for any or all of the two-week period. Appropriate notification of the resignation shall be sent to the Department of Employee Relations. An exit interview is available through the Department of Employee Relations for employee feedback. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.07.030 Transitional status and medical separations.
An employee who can no longer perform the essential functions of his/her job because of injury, illness, or other medical condition, with or without reasonable accommodation, may be considered for transitional status. Once placed on transitional status, the employee’s prognosis, treatment plan, and progress toward Maximum Medical Improvement (MMI) or return to work status will be periodically monitored to determine if and when the employee may return to work and whether the employee requires assignment to Alternative Duty. As part of this process, the Department of Employee Relations shall informally review the employee’s transitional status every 90 days.
Transitional status may not exceed 12 months, except upon the approval of the Director of Employee Relations and the City Manager. If an employee has been on transitional status multiple times over a period, including the span of several months for the same or differing injuries or illnesses, the number of months will be added together to determine the length of time the employee has been on transitional status. The time frame will be determined by the circumstances of the illness or injury. When the transitional status time frames reach a total of 12 months or 365 days, the employee will be considered for a medical separation. FMLA must be exhausted prior to the medical separation.
An employee placed on transitional status who has exhausted applicable Family Medical Leave hours may be separated from employment at any point if s/he will not be able to perform the essential functions of his or her job with or without reasonable accommodation. The ability to perform the essential functions of the job may be determined by a Duty Fitness Examination, as set forth in 4.08.010 and Administrative Regulation, “Duty Fitness Examinations.” A separation under these circumstances will constitute a medical separation. Medical separations are not disciplinary and do not fall within the scope of the Disciplinary Procedure set forth in Section 4.20.040.
When the Department of Employee Relations, in conjunction with a physician’s opinion and/or department director, determines that a medical separation may be necessary, it shall provide the employee written notice stating the department’s rationale and setting a meeting to review the employee’s circumstances. This informal, pre-separation review shall be conducted solely for all parties to consider the reasons that have led the Department to initiate a medical separation.
At this review, the employee may respond, orally and/or in writing, to the Department’s reasons for considering a medical separation. Because this review is informal, the employee is not entitled to legal counsel at any administrative meeting.
If, following this informal review, the Department of Employee Relations, in conjunction with a designated physician and the employee’s department director, determines that a medical separation is necessary, the employee will be notified in writing. This decision is final and cannot be appealed. Refer to Administrative Regulations “Transitional Status/Medical Separation” and “Family Medical Leave Act.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.07.040 Retirement.
Employees who meet certain age and service requirements are eligible for retirement from the City. Retirees are eligible for certain continued benefits, such as those outlined in the Benefits Book. Retirement terms are governed by applicable City policies, administrative regulations, and state and federal law. See the Employee Benefits Book for eligibility information as well as potential retiree benefits. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
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