Among the powers and duties of the Lincoln Library Board as authorized by Kansas Statutes Annotated 12-1225 for all public library boards are the following:
• To make and adopt rules and regulations for the administration of the library
• To employ a Director and such other employees as are deemed necessary and to set their salaries
The Library Board formulates policies and may change policies as needed. The Library Board works in partnership with the Director to make policy. The Director is responsible for implementing all personnel policies. Personnel policies and policy changes are presented at library board meetings and considered and authorized with formal motions for approval and votes of the Library Board.
B. Equal Employment
The Lincoln Library maintains a policy of nondiscrimination with employees and applicants for employment. No aspect of employment with the Library will be influenced by race, color, religion, gender, age, national origin, disability, veteran status or any other basis prohibited by law. In the case of applicants or employees with qualified disabilities, reasonable accommodation will be made if such applicant or employee can perform the essential functions of the job or the accommodation would not cause undue hardship requiring significant difficulty or expense to the operation of the Library.
All employees of the Lincoln Library must be citizens of the United States or have a valid United States work permit before they can begin employment at the Library.
C. Policy of Non-Harassment
Harassment is contrary to basic standards of conduct between individuals and is prohibited by federal and state law. The Lincoln Library prohibits any form of harassment based on race, color, religion, gender, age, national origin or disability.
Staff should report any inappropriate behavior or incident to the Director (or, if the Director is involved, to the Library Board Chair). The report should be in writing with the date, location and names of individuals involved. Complaints will be confidential and investigated within 24 hours. If the problem is not satisfactorily resolved by the Director, it may be appealed to the Library Board and considered in a board meeting during an executive session to discuss personnel issues.
Sexual and work place harassment include but are not limited to the following specific behaviors:
• Touching or making improper advances
• Abusive or vulgar language of a sexual nature
• Suggestive jokes or comments about an employee’s body or apparel
• Display of sexually suggestive cartoons, pictures or photographs
• Threats, threatening behavior, acts of violence and any related conduct which disrupts another employee’s work performance
D. Tobacco, Alcohol and Drugs
Public libraries in Kansas are legally designated as no-smoking institutions under K.S.A. 21-4009. Smoking is prohibited on library premises, this includes the use of hookahs/ecigarettes/vapor cigarettes. No employee or volunteer may use, possess, sell, transfer, purchase or be under the influence of alcohol, controlled substances or illegal drugs while on library property or while on library business. Violations of this policy will result in disciplinary action and a second violation will be cause for termination.
As required under the Occupational Safety and Health Act Regulations, any employee or volunteer who is injured while on the job should immediately report the injury, however minor, to the Director or if the Director is not available, to the Library Board Chair.
Any employee who is injured on the job and who requires medical treatment should go to a doctor for treatment. Medical staff should be informed that the injury should be treated as a Workers’ Compensation claim.
In case of serious injury or illness on the job, an employee’s family member may be contacted to take the employee for treatment. In the case of a critical injury or illness on the job, emergency service “911” and a family member will be called and the employee taken to a hospital by emergency service. The Library will maintain a record for each employee that identifies the employee’s primary physician and any health conditions which might affect the employee’s physical condition at work.
F. Hiring Procedures
Open positions for library employment will be advertised in the local newspaper(s) and posted in the library. Other advertising and recruitment may be made as needed. All applicants must complete an application form. Applicants who best meet the qualifications for the job will be invited to interview. Interviews will be conducted by the Director or, in the case of the position of Director, by the Library Board. Only job-related questions and legally-permissible inquiries will be asked during employment interviews. Job classification, pay range and job descriptions are determined by the Director and the Library Board. All new employees for any position are required to successfully pass a background check that is provided by SCKLS.
Two or more employees related through the immediate family may not be hired without the approval of the Library Board. Immediate family includes spouses, children, parents, grandparents, aunts, uncles, brothers, sisters as well as previously named relatives through marriage.
In instances where employees marry or become related by marriage while employed by the Lincoln Library, the Library Board may grant an exception at the request of the employees. In such an instance, employees who are related shall not serve in a supervisory capacity or fiscal/payroll position over a relative without Library Board authorization.
H. Staff Attitude and Conduct
The image of the Library is conveyed through the attitudes, appearance, conduct and working relationships of the staff. Because the Library is a public service, employees of the Library are expected to be courteous, cooperative and communicative when assisting library users or working with fellow employees. Should problems arise with service, it is the responsibility of each employee to make every effort to solve the problem through open, positive communication with the person or persons involved in the situation. If necessary, the Director may assist in finding solutions to the problem.
Library employees should be aware that they do not have to accept verbal abuse from library users. During phone communications, a library employee may politely say that they are not required to listen to abusive language and if the abusive language continues, the library employee may end the conversation. If the library user is in the Library, they can be referred to the Director or if the library user is requested by the library employee to not use abusive language and the library user refuses to comply, the library employee may tell the library user to leave. If the library user refuses to leave, then the police should be called to remove the library user from the building.
I. Employee Appraisal
Performance appraisals based on an employee’s job duties and for the purpose of improving library service will be completed in writing for each employee at the following times:
• During an initial three-month training period
• As needed
During the training period, which is defined as 90 days from initial employment, an employee may be dismissed with or without cause.
J. Discipline, Dismissal and Termination
The Library Board and the Director have the authority to discipline employees for the willful violation of personnel policies. If violations are repeated, the employee may be terminated for cause.
Employees of the Lincoln Library are “employees at will”. Either the Board of Directors of the Lincoln Library or the employee may terminate the employment relationship at any time, either with or without cause, and also without advance notice.
The first step in the disciplinary process is for the Director to give the employee a verbal warning and to identify actions to correct the problem. If a second warning is necessary, the Director will reprimand the employee in writing and again identify action to correct the problem. The Library Board chair or board member designated by the Board will serve as a witness to the second warning and if necessary, to the termination.
The second warning will include a specific length of probationary time determined by the Director within which the employee must improve his/her behavior. The employee may submit comments in writing to be attached to the record of second warning of disciplinary action. At the end of the probationary period, the Director may decide if the performance of the employee who is on probation has sufficiently improved and remove the employee from probationary status. If during the probationary period the employee’s performance does not improve, the Director may, with written documentation, terminate the employee.
K. Grievance Procedure
A grievance is a complaint involving misuse or misinterpretation of a rule, practice or policy under the personnel rules or board policies. A sincere attempt should be made by the Director to resolve any grievance through explanation and counseling before it becomes necessary to file a written form. If a grievance fails to be resolved, the employee may within a specified number of working days file a written appeal with the Director or Library Board. A grievance committee comprised of the Library Board and the Director (unless the Director is filing the complaint) should meet to consider the complaint. The committee will prepare a written report of its decision and the report will be placed in the personnel file of all employees involved in the grievance. The existence of this grievance procedure does not alter any employment-at-will relationship nor is there any contractual right to grievance procedures.
L. Confidentiality of Employee Personnel Records
All requests for information about current or former library employees should be referred to the Director. The Library upholds the Kansas Open Record Statutes which specify that only hire date, term of employment, position and verification of salary within range may be disclosed about an employee or former employee.
M. Resignations and Letters of Recommendation
To resign in good standing, employees should give a minimum of (14) fourteen days’ written notice. Any employee who resigns in good standing may request a Letter of Recommendation from the Director. Unless an employee or former employee resigns in good standing, the only information disclosed will be in accordance with the policy for “Confidentiality of Employee Personnel Records”. If an employee resigns in good standing and with appropriate notice, they will be paid for their unused annual leave as defined in the Annual Leave Policy.
The Library Board and Director will make recommendations for staff wages on an annual basis or as needed. In addition, the Library Board determines the Director’s wage on an annual basis or as needed. Upon approval of the Library Board, salary recommendation will be incorporated into the annual budget.
All staff have the extra benefit of half price copies and fax.
Federal law requires the Library pay at least the current minimum wage to all employees. The Library, as a unit of local and state government, is covered under the Fair Labor Standards Act (FLSA) 20 U.S.C. 201 et seq.
B. Job Classifications
The Director and all other library employees are non-exempt employees. (see job descriptions in Appendix)
In accordance with federal law and in lieu of monetary overtime for hours worked in the work week in excess of 40 hours, compensatory time will be given at the rate of 1 ½ for each hour of overtime. Compensatory time must be used within the following seven-day work week. Nevertheless, no employee may work in excess of 40 hours/week without the approval of the Director.
C. Work Week and Work Schedule
The work week is defined as a seven-day period beginning on Sunday at 12:00 am and ending on Saturday at 11:59 pm. The Director will schedule the work week of all part-time employees. Unless authorized by the Director, no part-time employee will work in excess of the hours they are scheduled during the work week.
D. Payroll Procedure
Each employee is required to provide and maintain accurate time records noting hours worked. Library employees are paid on the 15th and last day of each month. Paychecks are distributed by the Director. Employees need to have their time filled out at least 4 days prior to the end of the pay period.
E. Mandatory Federal/State Deductions
Mandatory payroll deductions are as follows:
a. Federal and state income tax withholding
b. FICA (Social Security) K.S.A. 40-2303 through 40-2307
F. Vacation Leave (revised policy adopted 4-3-2017)
Library staff that work more than 10 hours/week will be granted leave with pay called vacation leave.
Vacation leave must be earned before it is taken. After six months of continuous service, eligible employees may begin to take whatever annual leave they have been granted, subject to proper notification and permission. The Director requests use of annual leave with the approval of the Library Board Chair and library employees request use of annual leave with the approval of the Director. Annual leave will not accrue during periods of time for which the employee was on written approved leave without pay. Employees may not share or loan vacation leave.
Each employee will have an anniversary date based on the date employment began. Vacation leave will be earned, credited, and paid on the basis of the employment anniversary date, not on the basis of the fiscal or calendar year. An employee is not allowed to carry a negative vacation leave balance. This would be advancing salary to an employee and it is not permissible to do such.
A full-time staff member will receive vacation leave at the end of the following periods of continuous employment as shown in the following chart. For purposes of payment for annual leave, a day is defined as 8 hours and a week is 5 days.
Employment Annual Leave Daily Equivalent Hourly Equivalent
6 months 1 week 5 days 40 hours
1st year 1 week 5 days 40 hours
2nd year 2 weeks 10 days 80 hours
3rd/4th year 3 weeks 15 days 120 hours
5th year/thereafter 4 weeks 20 days 160 hours
Other library employees who work more than 10 hours each week will receive vacation leave prorated on the basis of the number of hours worked each week applied to the full-time base of 40 hours. The formula is: Hours worked/week by part-time employee divided by 40 hours’ times amount of vacation leave allowed for full-time staff.
Vacation leave must be used in the year it is earned and any unused leave is forfeited without pay.
If an employee resigns in good standing and with appropriate notice, they will be paid for their unused vacation leave as defined in the Vacation Leave policy – 2 – F. (Revised 4-3-2017)
G. Sick Leave (Policy addition adopted 4-3-2017)
a. Full-time and regular part-time employees are entitled to sick leave pay at a rate of one day per month, pro-rated according to their typical hours per workday – 4, 6, or 8 hours.
b. Sick leave with pay may be used for absences resulting from illness, injury, accident or other incapacities occurring either on or off the job. It may also be used for time off in the case of illness in the immediate family. For purposes of this policy, immediate family member is defined as: father, mother, spouse, and children, including corresponding in-law and step relationships, and individuals who reside in the employee’s household whether legally related or not.
c. Sick leave may be used for doctor’s visits.
d. An employee may accrue no more than 20/30/40 hours of sick leave based on their typical hours per workday.
e. An employee may not be compensated for unused sick leave pay upon leaving employment of the Library.
f. An employee who improperly claims sick leave shall be subject to disciplinary action, including loss of pay or dismissal.
H. Leave Without Pay (Policy addition adopted 9-13-2004)
Since time off with pay is provided for employees, time off without pay should not be needed and generally is not allowed except as provided under the policy on Family and Medical Leave. Approval by the Library Board is required under any and all extenuating circumstances and should be sought in advance when possible. An employee who misses scheduled work hours without appropriate notification and uses of annual leave is subject to disciplinary action.
I. Family and Medical Leave
The federal Family and Medical Leave Act (FMLA) applies to public agencies including the public library. To be eligible for Family and Medical Leave, an employee must have been employed for at least 12 months and have been employed at least 1250 hours of service during the 12-month period preceding the commencement of the leave. Such unpaid leave is available in the case of the birth or adoptions of a child, care for a child, spouse or parent with serious health condition or due to the disabling illness of the employee.
The employee will use any accrued annual leave prior to requesting unpaid FMLA leave and should provide 30 days’ notice to the Library Board before taking the leave. Annual leave will not be accrued during the employee’s FMLA leave. When FMLA leave is requested as the result of a serious health condition, the employee will provide the Library Board with a certification statement issued by a health care provider. An employee returning from FMLA leave is entitled to return to their position with equivalent benefits, pay and other former terms and conditions of employment.
The Director is currently the only library employee eligible to request unpaid FMLA leave. An employee must work at least on average of 24 hours/week over a 12-month period to be eligible for FMLA.
J. Bereavement Leave
The Director will receive three paid days of leave in the event of the death of an immediate family member. Immediate family member is defined as the death of a spouse, children or other relative residing in the employee’s household, parents and parents of spouse, grandparents, grandchildren, brothers, sisters, aunts, uncles, spouses of brothers and sisters of the employee and spouse. Other library employees will receive paid leave for the hours they were schedule to work during the three-day period of their bereavement absence.
Paid holidays for the Director include the following:
New Year’s Day January 1
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Christmas Eve Day December 24
Christmas Day December 25
In the case of holidays, part-time employees will be paid for the hours that they were to regularly scheduled to work.
The Library Board may by motion and approval in a regular or special meeting designate other days as holidays as needed or on a one-time basis.
L. Civil Leave
A library employee will be given necessary time off with pay for the following:
a. Jury duty
b. Court appearances as a witness in answer to a subpoena or as an expert witness when acting in an official capacity in connection with the library.
M. Request for Leave
No part-time library employee may take leave for a day or part of a day without proper notification and permission from the Director. In the case of the Director’s leave, the Director should notify and receive permission from the Library Board Chair.
N. Continuing Education
The Director and part-time library employees will be paid for leave and reimbursed for any lodging, meals or mileage for the purpose of continuing education and training. Mileage will be reimbursed at the current federal rate. Prior to attending any continuing education and training, library employees will request the Director and/or Library Board authorize their approval. In the case of the Director, the Director will ask the Library Board to authorize requests for Director’s continuing education and training.