Msboa october 2015 small file

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Volume 45 Issue 9 • October 2015 National School Bus Safety Week is: October 19-23, 2015 “Be Smart - Be Seen, Wait in a Safe Place” operat or The Don’t let someone else Define you! Last week in the media, there was a big kerfuffle concerning nurses. A daytime television show, “The View”, mocked a Miss America candidate for her talent portion of the competition. She was a nurse and did a passionate monolog on being more than “just a nurse”. The talking heads of The View commented that she was “in costume” and “wearing a doctor’s stetho- scope” as if nurses don’t wear a uniform and have to borrow medical devices from serious medical professionals like doc- tors. They thought it was hilarious and displayed very little respect for the candidate or her profession. The nurses around the US sent “The View” pictures of themselves with stethoscopes and attempted to educate the T.V. personalities about the nursing profession via social media. As I searched the internet for more details about the response to The View, I ran across an article about the image of nursing. In 2001, The Center for Nursing Advocacy was creat- ed to improve the image of nursing in response to a nursing shortage crisis. They worked steadily to campaign against poor images of nursing on television shows and advertising campaigns. The article also mentioned that many nurses wear scrubs with Sponge Bob or Snoopy on them. They questioned whether or not this may lead to nurses not being taken seriously and why they were letting the uniform companies define them in that way. They hired a professor to lay out a plan to change the image of nursing. The plan centered on nurses to take themselves seriously, projecting a professional image and that they recog- nize the value of what they do. This fall Minnesota and the rest of the Nation have been dealing with a driver’s shortage. As I talked to reporters and various interested parties, the image of the school bus driver came up in conversation. Do you know the image that most people remarked on? Not the image of the driver they had in first grade that gave them lollipops. It was Otto the Bus Driver from the Simpsons. Or Chris Farley from Billy Madison. Could this image handed down from the media be part of the problem? Have we spent enough time valuing what we do? Can we draw on what the nurs- ing profession has done and apply it to our own shortage? The action items that may be applicable are listed below: Cultivate a professional image – including dress and scripting on how to present themselves to the public. Use the local paper for ongoing announcements and accomplishments – we have included an example in this newsletter. Have staff contribute to the community by interactions with the public – this could be reading to students at school or working as safety or transportation coordinators for civic events. Look for opportunities to present your staff as caring mentors or safety experts. Speak to Civic and Community Groups about what a valuable service your company provides to the community. Listen to customers and community members about their perceptions of what school bus driving is and what kind of image they have of drivers. Validate school bus drivers by showing appreciation for all they do. it’s time for us to Define the image of transportation professionals.

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Transcript of Msboa october 2015 small file

Page 1: Msboa october 2015 small file

Volume 45 Issue 9 • October 2015

National School Bus Safety Week is: October 19-23, 2015 “Be Smart - Be Seen, Wait in a Safe Place”

operatorThe

Don’t let someone elseDefine you! Last week in the media, there was a big kerfuffle concerning nurses. A daytime television show, “The View”, mocked a Miss

America candidate for her talent portion of the competition. She was a nurse and did a passionate monolog on being more

than “just a nurse”. The talking heads of The View commented that she was “in costume” and “wearing a doctor’s stetho-

scope” as if nurses don’t wear a uniform and have to borrow medical devices from serious medical professionals like doc-

tors. They thought it was hilarious and displayed very little respect for the candidate or her profession. The nurses around

the US sent “The View” pictures of themselves with stethoscopes and attempted to educate the T.V. personalities about the

nursing profession via social media.

As I searched the internet for more details about the response to The View, I ran across an

article about the image of nursing. In 2001, The Center for Nursing Advocacy was creat-

ed to improve the image of nursing in response to a nursing shortage crisis. They worked

steadily to campaign against poor images of nursing on television shows and advertising

campaigns. The article also mentioned that many nurses wear scrubs with Sponge Bob or

Snoopy on them. They questioned whether or not this may lead to nurses not being taken

seriously and why they were letting the uniform companies define them in that way. They

hired a professor to lay out a plan to change the image of nursing. The plan centered on

nurses to take themselves seriously, projecting a professional image and that they recog-

nize the value of what they do.

This fall Minnesota and the rest of the Nation have been dealing with a driver’s shortage.

As I talked to reporters and various interested parties, the image of the school bus driver

came up in conversation. Do you know the image that most people remarked on? Not the

image of the driver they had in first grade that gave them lollipops. It was

Otto the Bus Driver from the Simpsons. Or Chris Farley from Billy Madison.

Could this image handed down from the media be part of the problem? Have

we spent enough time valuing what we do? Can we draw on what the nurs-

ing profession has done and apply it to our own shortage?

The action items that may be applicable are listed below:

• Cultivate a professional image – including dress and scripting on how to present themselves to the public.• Use the local paper for ongoing announcements and accomplishments – we have included an example in this newsletter.• Have staff contribute to the community by interactions with the public – this could be reading to students at school or working as safety or transportation coordinators

for civic events. Look for opportunities to present your staff as caring mentors or safety experts. • Speak to Civic and Community Groups about what a valuable service your company provides to the community.• Listen to customers and community members about their perceptions of what school bus driving is and what kind of image they have of drivers.• Validate school bus drivers by showing appreciation for all they do.

it’s time for us to Define the image of transportation professionals.

Page 2: Msboa october 2015 small file

Presidents Goodbye

So after 8 years as a board member and 2 years

as President of the MSBOA I have decided to step

down and let the next generation take the leader-

ship reigns. I have enjoyed working with all the board members and the

executive board members in the last two years.

This is a great organization with many many great members. And it has

been a pleasure to serve in the position of a board member and also as

President. I have learned so much about how the legislative and rule

making process is really part of our daily lives. Our industry touches

many lives across our fine state and so many people. The MSBOA real-

ly is a wealth of information that we all need to have, especially with all

the changes in our industry.

Needless to say I will still be around in the ex-officio position and plan

on seeing you all at the upcoming winter and summer conventions for a

few years to come. Please help and support our new leaders as we

move to another era of leadership. They will serve the organization well.

It truly has been an honor to serve all the members of the MSBOA.

Stay Safe and Be kind!

Sincerely,

Rudy Lundahl, President of the MSBOA

2

BBoarDoarD ofofDDirectorsirectors

RAYME BERNICk, DELANO

7763.972.3991/CeLL 612.702.8954

[email protected]

CONNIE GRISIM, STEWARTVILLE

507.533.8775/CeLL 507.254.3828

[email protected]

DOUG GRISIM, LAkE CITY

651.345.4112/CeLL 651.380.9063

[email protected]

TOM HEY, MARSHALL

507.532.4043 /CeLL 507.829.7365

[email protected]

kEN INSELMANN, WILLMAR

320.235.2110/CeLL 320.212.8543

[email protected]

SHELLY JONAS, ANNANDALE

320.274.8313 / CeLL 612.599.0431

[email protected]

BRIAN kOCH, WACONIA

952.442.3370/CeLL 612.599.1100

[email protected]

JIM kOONST, BELLE PLAINE

952.873.2362 / CeLL 952.292.2762

[email protected]

STEVE LATOUR, ST. PAUL

651.251.8080 / CeLL 651.587.6292

[email protected]

RUDY LUNDAHL, DULUTH

218.724.1707 / CeLL 218.343.6846

[email protected]

MICHAEL PUTzkE, PAYNESVILLE

320.243.4455 / FAX 243.4450

[email protected]

GARRETT REGAN, FARIBAULT

507.334.5121/ CeLL 651.470.7948

[email protected]

JOSH SCHIFFLER, CROSBY

218.546.6156 / CeLL 612.245.6579

[email protected]

BETHANY SCHUBERT, SAINT STEPHEN

320.251.1202 / CeLL 218.851.2061

[email protected]

PAUL WINTERFELDT, PERHAM

218.346.4599 / CeLL 218-298-1825

[email protected]

the operatorMISSION STAT E ME NT:

THE PURPOSE OF THE OPERATOR

IS TO PROVIDE THE MEMBERSHIP

OF THE MINNESOTA SCHOOL BUS

OPERATORS ASSOCIATION WITH

INFORMATION REGARDING

CURRENT INDUSTRY ISSUES.

THE OPERATOR IS PUBLISHED 11

TIMES A YEAR BY THE MSBOA,

10606 HEMLOCk ST. NW •

ANNANDALE, MN 55302.

FOR MORE INFORMATION CALL

320-274-8313.

E-Mail [email protected] or

FAX: 320-274-8027.

Website: www.msboa.com

SUBSCRIPTIONS ARE FREE

WITH MEMBERSHIP. AdditionAl

subscriptions Are $24.00 A

yeAr. COPYRIGHT 2015

MEMBERS MAY MAkE PHOTO-

COPIES OR USE ARTICLES AS

NECESSARY PROVIDING THE

SOURCE IS CITED.

CO-EDITORS:

SHARI DANzEISEN & SHELLY

JONAS

LAYOUT & DESIGN: SHARI DANzEISEN

VIEWS PRESENTED IN THISNEWSLETTER MAY NOT NECESSARILY REPRESENT THEOPINIONS OF THE ENTIRE MEM-BERSHIP OR ITS BOARD OF DIRECTORS.

PRESIDENT

RUDy LUNDAHL

FIRST VICE PRESIDENT

JOSH SCHIFFLeR

SECOND VICE PRESIDENT

BRIAN kOCH

TREASURER

TOM Hey

from the presidentRudy LundahlVoyageur Bus Company, Duluth, MN

Page 3: Msboa october 2015 small file

Governor Mark Dayton is going to renew his proposal to implement Uni-versal Pre-Kindergarten (UPK) likely delivered through the existing K-12system. Now that nearly every five-year-old has access to, and attendsall-day Kindergarten, Governor Dayton is focused on expanding accessto early learning for all Minnesota four-year-olds. Last Session, GovernorDayton proposed investing $343 million in universal pre-K, which wouldhave provided access to free preschool for over 47,300 young learners.Governor Dayton plans to continue to push for that proposal, leading intothe 2016 Legislative Session.

Under the Governor’s proposal, an estimated 47,300 students wouldhave access to voluntary, free pre-K. Within just a few years, the programis estimated to grow to 57,000 four-year-olds statewide. The Governorbelieves participation in high-quality pre-kindergarten education pro-grams dramatically impacts the lives of Minnesota children. According tothe Governor’s Office, Minnesota ranks 41st in states with pre-K pro-grams for access by four-year-olds.

During the 2015 Legislative Session, many Legislators showed little if anysupport for Universal Pre-k proposal. Some cited high costs, others feltthat 4 year olds are too young to begin school. Questions arose aboutthe use of licensed teachers, or not. Space needs, do school districtshave the infrastructure to accommodate more students? Funding is alsoa major issue. While the State currently is flush with cash, instituted UPKwould cost roughly $400 million every two years. Additionally, the needfor transportation will have to be addressed. School Districts andMSBOA members have had difficulty providing drivers for the existingroutes and volume of students, adding another 40,000 to 50,000 studentsto the system may prove problematic. Some programs are now advertis-ing $18 an hour in order to attract drivers.

As I am certain you are all aware, yellow school buses are exempt fromseat belts, car seats, and booster seats. However, the Legislature maywant to address that issues if pre-kindergarteners are to begin riding thebus with their older brothers and sisters. Given the age of pre-k students,the question has arisen regarding the need for more support staff in a pre-k classroom, and or on the bus, adding to the costs of implementation ofa universal pre-k program.

During the beginning of a school year, local news organizations attemptto produce a sensationalized story regarding school bus safety – this yearit was Ch. 5 Twin Cities turn. The story centered on bus inspections andthe pass/fail rate of District and MSBOA member buses. In a roughly 5minute “story,” not much was discovered to warrant the story in the firstplace. A private company was inspected by the State Patrol, with film pro-vided by Channel 5 KSTP.

Some violations were identified; most seemed to be repaired during thetime the State Patrol was on site. With the usual heightened voice inflec-tion and false surprise the reporter moved on to a School District that hada 24% inspection failure rate. The news story included a brief commentby Lt. Reu of the State Patrol about the importance of functioning stoparms. The reporter found one slightly concerned parent whose only solu-tion was for the District to spend more money on bus inspections andrepair. As these type of stories go, this one was very tame, and did not

produce any follow up story orLegislators with plans to introduceLegislation to correct some per-ceived problem.

In early September, Shelly Jonasand I met with Colonel Langer, Lt.Reu, Bonnie Berezovsky –Senate Council, Keith Paulson – representingMAPT, and Senator Jim Carlson regarding a right hand turn lane bus stopon a divided four lane suburban county road. The parents of two studentsare greatly concerned about eight way stop arm use, in this case the lackof use, while picking up their students on a busy suburban county road.In this case the students live at the end of a road leading to a city parkthen eventually to a private road neighborhood with a cul-de-sac at theentrance to the private neighborhood (a dead end) The District has deter-mined that the school bus stop shall be at the entrance to the park.

The students are to wait on the side-walk on the opposite side of theneighborhood/park road from the bus stop. There is not a side-walk atthe designated bus stop. When the school bus arrives, the students arerequired to walk across the neighborhood/park road – parallel to theschool bus. The question arose regarding crossing a road, and whetheror not the stop arm should be utilized. Initially, the State Patrol approvedthe bus stop, and now are supporting the stop, and stop arm use, whilesearching for an alternative. Senator Carlson is looking for the SchoolDistrict to move the bus stop into the cul-de-sac, consensus opinion in thebus industry is that bus stops in a cul-de-sac are problematic, backing upis problematic, and winter snows shrink the turning radius in a cul-de-sac.Further discussions and a poll of the industry regarding the number ofthese type of stops are ongoing.Legislation of some type islikely to occur, due to the com-ments of Senator Carlson,Eagan.

In construction news, the newSenate Office Building is ontrack for completion after thefirst of the year. Currently,Senators are in an office build-ing in downtown St. Paul, andtheir staff is scattered acrossthe Capitol Complex. Whencompleted all State Senators,DFL and GOP, will for the firsttime in 50 years be in thesame building. The StateHouse, at least for now plansto meet for 2016 in the stillunder renovation State Capitolfor Floor Sessions.

Continued on Page 5.

3

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Page 4: Msboa october 2015 small file

4

Credit Card Billing Address

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driver’s Child Check

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Includes 9 different Posters (one for

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Page 5: Msboa october 2015 small file

When the Legislature meets in March, the State Capitol will be under full renovation, no water, no bathrooms. But The State House plans to meet in fullSession in the Capitol regardless. The State Senate plans to meet in their new building for both committee hearings and Floor Sessions until the Capi-tol is completed in 2017.

As always, if members have concerns, questions, thoughts, or input please call me at 612-723-5168 or email me at [email protected].

5

Best Values:

Legal Hotline for MSBOA members

Employee Handbook & Employment Materials Package $1,075 (includes 2 hours

of attorney time – hourly rates thereafter)

Drug & Alcohol Testing Package $525 (includes 1 hour of attorney time – hourly

rates thereafter)

Ask for MSBOA discounts on Handbook ($100) and on D/A TestingPackage ($50)

Contact Tom Revnew

7300 Metro Blvd, Suite 500 | Minneapolis, MN 55439

Tel 952.921.4622 | Fax 952.896.1704 www.seatonlaw.com

complacency By Lt. Brian Reu, State Director of Pupil Transportation

By now the anxiety and anticipation of what the start of a new school year brings has hopefully worn off and things are run-

ning smoothly for each of you. I’m sure the past few weeks have not been without their challenges but hopefully you were

able to meet them head on and move forward. With that said, I hope you have not settled into a routine.

Over the last couple of months we have had the opportunity to get out and conduct presentations for many of you and your

drivers. While there were some long days and many miles put on by those of us in the Office of Pupil Transportation Safety

we find the startup meetings very beneficial. This year we conducted 64 presentations to a total of 3,239 drivers in August

and September alone.

The main thing I hope your drivers realized was our appreciation and respect for the job they do and the efforts they make

to keep school buses the safest mode of student transportation. We want your drivers to view us as a resource so they can

feel confident that they have the information they need to do their jobs on a daily basis.

Secondly, I hope your drivers left realizing the importance of not becoming complacent. Sure most drivers have the same

vehicle, route and kids each day, but you need to approach each day and stop with the same intensity and diligence as the

first. The recent tragedy in California in which a student died after being left on a school bus is an example of the potential

consequences of our actions or lack thereof.

From the pre-trip to the post-trip you need to be 100% engaged in your duties. your students and their parents are counting

on you! Thank you again for what you do. Stay safe and stay aware.

legislative Update Continued from Page 3.

Page 6: Msboa october 2015 small file

Looking for new training ideas for your current drivers? Looking to update some

of your old training materials for new drivers?

The MSBOA’s newest title is: “Unauthorized Rider” discussing how to react to an

unauthorized person attempting to board the school bus.

“Stop and Stay Stopped” has recently been converted to DVD format if you are

looking to update your VHS copy.

Copies are available for immediate shipment. Please go to www.msboa.com for

ordering information.

6

As a valued member of Minnesota School Bus Operator's Association, you areentitled to using Thomas Revnew of Seaton, Peters & Revnew Legal Hotline freeof charge. During each six month period, you will be entitled to two free fifteen-minute telephone calls to the Hotline. MSBOA encourages you to use this free

service. When using the hotline, please follow the following procedure:

1. Call Tom Revnew's direct dial, which is (952) 921-4622.

2. Identify yourself, your company name and that you are a client of MSBOA.

3. If Tom Revnew is not available, please leave a voicemail with the information described above and Tom will return the call as soon as possible.

4. If Tom Revnew is not available and your call is an emergency, please dial "0" when you receive Tom's voicemail and you will be transferred to the receptionist.

Need legal Help? It’s Just a Phone Call Away!

check out www.msboa.com

Video Training Available

National School Bus Safety Week & Poster Contest

National School Bus Safety Week is an active and evolving public education program and

an excellent way for parents, students, teachers, motorists, school bus operators, school

administrators, and other interested parties - to join forces and address the importance of

school bus safety. Designed to promote school bus safety, school districts throughout the

country observe School Bus Safety Week - held during the third week in October each

year.

The centerpiece of National School Bus Safety Week is the National SBSW Poster Con-

test. The winning posters are used to promote safer school transportation for everyone.

The 2015 National School Bus Safety Week Poster Contest theme is: "Bully Free Zone!"

2015 Poster Contest rules: Students should draw the "Bully Free Zone!" theme anytime

between September 2014 and September 2015 for the 2015 contest. This theme will be

displayed on posters during School Bus Safety Week in 2016.

Page 7: Msboa october 2015 small file

7

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A CONTINuINg SeRIeS OF BOARD COmmeNTARIeS

news and Views

Fall is here and school is off to a fast start. The weather has been warmer and dryer than usual, but that

will soon change. The cooler weather will be a welcome change for our longer riders and the little ones

that have been falling asleep.

Perham started this school year on the 1st of Sept. and the first 2 weeks have been going ok, with the

normal stutter steps that are expected. Drivers are getting into the schedules of their riders (who rides

and when). We just have to remind them to stay on their toes to keep doing the routes as best as pos-

sible. We do have many new school staff to educate on how the “real” world works.

We, like most people I know, are a little short on drivers and have most of our staff (and anybody else

we can beg) driving routes. Plus all the new rules and laws are not helping make it any easier to get

good people in the door to have a chance to drive our kids to school. I have seen some great ideas on

our facebook page and some of the trade magazines. I have been lucky, as I am writing this a possible

driver walked in the door, we shall see.

keep your heads up, Stay Safe, and keep Smiling.

Paul A. Winterfeldt

The New School year has Begun!

Page 8: Msboa october 2015 small file

8

kelly elizalde didn't always want to be

a school bus driver.

After a career in the Air Force and a

five-year stint in a secretarial position,

elizalde took a chance at a local job

fair in 2013 and found her calling.

"I've found that it was probably what I

was meant to do all along, I mean, I

absolutely love it," she says.

elizalde says her favorite part of dri-

ving the school bus is the relationships

she's established with returning riders.

She says there is, among others, a boy

in second grade who has ridden her

bus since he was in kindergarten.

She's been watching the kids who ride

her bus grow up over the years, and

has enjoyed it every step of the way.

Robert Harris, who began driving

school buses throughout the area in

1982, shares this notion.

"I've met so many great kids that, some

of them went on to do great things, you

know, and I just know too many good

kids," he says with a wide smile.

He says he's enjoyed his time driving

and the opportunity to have such a ful-

filling work position, especially in terms

of the example he sets for the kids who

ride his bus.

"Sometimes kids need to see some-

thing positive out of people, and some-

times a positive male role model is

what's needed," he says. "There are so

many kids who don't have that male

figure in their lives, and with them just

seeing how a man should act, how a

man should carry himself -- that is what

I feel I accomplish."

elizalde has similar feelings.

"I just want to have a positive (influ-

ence)," she says. "They have so much

negativity and not a lot of attention,

especially my little ones. I could tell

you the ones that are just craving love

and attention because they're the ones

that get on the bus and hug me every

day and tell me they love me. And I just

love it. I feel like this is what I was sup-

posed to do all along."

She says the relationships she estab-

lishes with her riders throughout the

school year are meaningful and make

her job feel less like work.

"The elementary kids -- oh my gosh. I

cried last year on the last day of school

when I let my last one off, because

they just become your kids," she says.

Although she doesn't treat the children

she drives as her friends, elizalde says

she will always be a cheerleader at

their concerts and events if asked.

"The little ones have programs, or

even the junior high (kids), I've gone to

their concerts and I've gone to watch

them sing," she says. "If they ask me to

be there, I'm going to be there. If they

take the time to ask me to go, I'm going

to go."

elizalde says she drives her bus in

earnest and prides herself on the level

of accountability the position demands.

"I'm responsible for them, to get them

wherever they're going safely, and I

take it very serious. ... It just makes me

feel very responsible and like I said, at

that time, they're in my hands, and it's

very important for me to get them to

where they need to go and get them

there and back safely," she says.

Harris also works to benefit the com-

munity through his founding of the

Cape Girardeau Community Gardens

program. He also volunteers with the

Urban kids Project, which helps area

students in need of school supplies;

and works with the Cape Girardeau

County Public Health Center and the

Healthy Communities Coalition to com-

bat childhood obesity in the area.

At the end of the day, though, elizalde

and Harris say being a school bus dri-

ver is the best job for them.

"I worked at several different things,

and I always liked to drive, so this was

work, and I've got to where I like being

around the kids. And this is what I do,"

Harris says.

"every day you've got, it's something

different every day," elizalde says.

"And the kids make you feel -- espe-

cially the little ones -- they make you

feel so loved. I really, really enjoy it."

Harris drives bus No. 8 and transports

students to and from Franklin elemen-

tary and Cape Central Junior High.

elizalde drives bus No. 28 and trans-

ports students to and from Blanchard

elementary and Cape Central Junior

High.

The bus stops here: School Bus Drivers Become Friends

and Role Models to the Students They See DailyTuesday, September 8, 2015By Logan Young - TBY, Southeast Missourian

ed. note: this is an excellent example of a newspaper article you could ask your local paper towrite for school bus safety Week, or to encourage applicants for driving positions.

Page 9: Msboa october 2015 small file

how to manage Parenting leave in minnesota

The news has been full of stories of hugely profitable high profile employers instituting generous

new parenting leave policies. There is also considerable national discussion surrounding potential changes to state or fed-

eral law to expand the nature and amount of parenting leave. Given the considerable attention to this issue, employers

should audit their current parenting leave policies to ensure compliance with current law. Here are some guidelines for

employers in Minnesota:

Family Medical and Leave Act (FMLA)

The FMLA is a federal statute that entitles eligible employees of covered employers to take unpaid, job-protected leave for

specified family and medical reasons with continuation of group health insurance coverage under the same terms and con-

ditions as if the employee had not taken the leave.

Covered employers and employees. First, employers are subject to the FMLA if they employ 50 or more employees during

each of 20 or more calendar workweeks in the current or preceding year. In determining number of employees, employers

with employees at two locations within 75 miles of each other are counted together. In order for an employee to be an eli-

gible employee, the employee must have been employed for one year and worked 1,250 hours for the employer. An eligi-

ble employee shall be entitled to a total of 12 workweeks of unpaid leave during any 12 month period for the birth or adop-

tion of a son or daughter of the employee and the care of such son or daughter. If both parents are employed by the employ-

er and within 75 miles of each other, their combined total leave is limited to only 12 workweeks.

Notice Requirements. employers must post a general notice explaining the FMLA’s provisions and provide information in

any employee handbook or other written policies describing employee benefits. employers can be assessed a civil penalty

if they do not comply. Generally employees must notify employers 30 days prior to foreseeable birth. If the date of an unfore-

seeable birth begins within the 30 days, the notice must be given as soon as practicable. employees must provide “suffi-

cient information” to make the employer aware of the need for FMLA leave and the anticipated timing and duration of the

leave. employers must notify an employee of whether the employee is eligible to take FMLA leave and whether the request-

ed leave will be designated as FMLA leave within 5 business days of the request.

Substitution of Paid Leave. employers may require or an employee may elect to substitute certain types of paid leave for

unpaid leave under the FMLA. However, this does not change the entitled amount of leave of 12 total workweeks. For exam-

ple, if an employee has 6 weeks of paid time off, the additional 6 weeks of leave may be provided without pay.

employment Protections. If FMLA leave is granted, employers are prohibited from interfering or denying the employee’s

granted leave. employers are also prohibited from discharging or discriminating against the employee. The employer must

return the employee to the same job that the employee left or one that is equivalent.

Women’s economic Security Act

On May 11, 2014, Minnesota Governor Mark Dayton signed into law the Women’s economic Security Act (WeSA). The Act

imposed significant changes regarding pregnancy and parental leave and pregnancy accommodations.

Covered employers and employees. First, employers are subject to the Minnesota parental leave and pregnancy accom-

modations requirements if they employ 21 or more employees at at least one site in Minnesota. In order to be an eligible

employee, the employee must have worked for the employer for 12 months and at least half-time prior to the request. eligi-

ble employees can elect to take up to 12 weeks of unpaid leave for the birth or adoption of a child, and eligible female employ-

ees can elect to take up to 12 weeks for prenatal care, or incapacity due to pregnancy, or childbirth. However, eligible employ-

ees are limited to a total of 12 weeks. The leave must begin within 12 months of the birth or adoption. If the child stays in

the hospital longer than the mother, the leave must begin within in 12 months after the child leaves the hospital.

Continued on Page 10.

legal notes 9

hoTline Phone: (952) 921-4622

By Thomas Revnew, esq., of seaTon, PeTeRs & Revnew

Page 10: Msboa october 2015 small file

10

Workforce Integrity Network

(WIN)

Serves as New

Third Party Administrator

WIN will serve as the Third Party Administrator for

MSBoA drug & Alcohol Testing program.

Crl will still provide lab services for our group.

WIN will provide your doT reports and will conduct

the quarterly draws.

To join the program, call Greg Capps at WIN

865-803-2298 or the MSBoA office.

Pregnancy Accommodations. Minnesota employers must provide reasonable accommodations to an employee for condi-

tions related to pregnancy, childbirth, or related health conditions. The employee must request an accommodation, with the

advice of her healthcare provider. A reasonable accommodation could include temporarily transferring the pregnant female

employee to a less strenuous or hazardous position for the duration of her pregnancy, if requested. An employee does not

need to get advice from her healthcare provider to request accommodations for more frequent restroom breaks, snack or

water breaks, seating, or limits on lifting over 20 pounds. The employer also does not have to provide a reasonable accom-

modation that imposes an “undue hardship” on the operation of the business. An employer may not retaliate against employ-

ees for requesting such accommodations.

Required Notice. The employer may adopt reasonable policies governing the timing of requests for unpaid leave. An

employer may require an employee to give the reasonable notice of the date the leave shall commence and the estimated

duration of leave.

employment Protections. Minnesota parental leave statutes require the employee to reinstated to the employee former’s

position or in a position of comparable duties.

Interaction with Other Types of Leave. employers can require any paid leave be applied during the period of the parental

leave. Parental leave and FMLA for pregnancy run concurrently with each other, so employees cannot get an additional 12

weeks of leave under both. However, employees may be entitled to additional FMLA leave for non-pregnancy related seri-

ous health conditions.

Questions surrounding pregnancy and parenting leave, disability accommodations and the coordination of various leave poli-

cies and employee benefits are among the most challenging facing any business. If you have questions about this article or

if you want to learn more about how these laws might affect your own business, please contact Tom Revnew.

legal notes...Continued from Page 10.

Today was the absolute worst day everAnd don’t try to convince me thatThere’s something good in every dayBecause, when you take a closer look,This world is a pretty evil place.Even ifSome goodness does shine through once in a whileSatisfaction and happiness don’t last.And it’s not true that It’s all in the mind and heartBecauseTrue happiness can be obtained Only if one’s surroundings are goodIt’s not true that good existsI’m sure you can agree thatThe realityCreatesMy attitudeIt’s all beyond my controlAnd you’ll never in a million years hear me say thatToday was a good day

now read this from bottom to top! it’s all how you look at things!!!

When things are at their

worst, try a different

perspective!

Page 11: Msboa october 2015 small file

11

MSBoA drug Testing ProgramThe MSBOA has teamed up with Clinical Research Labs (CRL)

and Workforce Integrity Network for required DOT Drug and

Alcohol Testing Requirements.

Contact Greg Capps at 865-803-2298

eMPloyMeNT PrACTICeS lIABIlITy INSUrANCeChubb Insurance, one of the largest ePL carriers in the coun-

try, has partnered with the MSBOA and Ahmann-Martin to pro-

vide a cost effective ePLI policy option containing all the typical

protections often found within ePL policies along with a few

other additional protections. Claims such as “wrongful dis-

charge” claims, wage and hour and immigration claims are cov-

ered under this policy. Additionally, Chubb and Ahmann-Martin

have agreed to share a portion of their profits with the MSBOA

arising out of the sale of this product to the membership. Fur-

thermore the policy will allow members to choose Seaton,

Peters and Revnew as their legal counsel, if they wish, to

defend against any employment-related lawsuit rather than

being appointed to the insurance company’s counsel who may

not have experience in the transportation industry.

Jake Omann, Ahmann-Martin Risk and Benefits Consulting

7555 Market Place Drive, eden Prairie, MN 55344

D: 952-947-9747| C: 612-207-3728

[email protected]

Trusted employees has put together a special offer for

MSBOA Members. We will be posting the information on our

website. Make sure to log in the Members Benefit section for

more details.

International onCommand Account Hoglund Bus Company has provided access to anyone who is

a member of the MSBOA to International’s OnCommand IC

Bus Service Portal. you can look up warranty information and

diagnostic support.

Contact Linda Rein at Hoglund’s: 763-271-2950.

other BenefitsAdditionally, through our partnership with Business Advantage

we are able to offer savings at Grainger, Office Max and Office

Depot, HP as well as fuel at Holiday. All of these offers are on

our website.

msBoa member special offersAs part of an on-going effort to supply you with added value to your MSBOA membership, we offer the following programs:

307 Chelsea RoadMonticello, MN

55362

hoglundbodyandequipment.com763.295.5000

Save Big on New GM Vehicles through

MSBoA Benefit with GM Fleet & Commercial!!!!There is a new form for 2016! • See www.msboa.com for more information!

The MSBOA is offering a new benefit through GM Fleet & Commercial.Many of the vehicles you buy including pick-ups, vans, and SUV’s are avail-able at a discount for MSBOA Members. Go to www. msboa.com for all ofthe information. Included is a list of all the vehicles eligible for the discountand how much the discount is. There is also a form online on our websitefor you to print out and bring to your dealer that gives your dealer the prop-er fleet pricing code for our organization.

If you are planning to purchase new vehicles soon - be sure check it out andtake advantage of these savings!

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02msBoa planner

Save these dates!

minnesota School Bus Safety Committee

meets 3rd Weds. of every month

Locations Vary

Contact: John Thomas 952-556-6161

Transportation Issues Study Committee

meets 4th Weds. of every month

Contact: Keith Paulson 763-506-1132

Office of Pupil Transportation Stakeholders

Quarterly meetings Held, Dates Vary

Contact: Lt. Brian Reu 651-405-6047

mSBOA Winter Conference

January 15-16, 2016

Crowne Plaza

St. Paul, mN

Northern RegionSergeant kelly Johnson

Northern Regional Trooper

Phone (612) 360-5172

e-mail: [email protected]

Metro RegionSergeant Paul Davis

Metro / Central Regional Trooper

Phone (612) 685-4820

e-mail: [email protected]

Southern RegionSergeant Chad Dauffenbach

Southern Regional Trooper

Phone (507) 430-0791

e-mail: [email protected]

MN State Patrol

ContactsListed to the right is contact infor-mation for the state troopers incharge of school bus transporta-tion.

Use this contact information!They are ready to help with anyquestions or concerns you mayhave!

msBoa legal hotline(952) 921-4622 • Tom Revnew at Seaton, Peters & Revnew

MSBOA Office: www.msboa.comDriver/Vehicle Services (DVS): www.dps.mn.gov/divisions/dvsDVS (To Check Driver’s License Status): www.mndriveinfo.org

Department of Public Safety: www.dps.mn.govMN Statutes Search: www.revisor.mn.gov/search

DOT Drug and Alcohol Regulations: www.dot.gov/odapc

Quicklinks: most Wanted Websites