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HomeMy WebLinkAboutAgenda Report - September 2, 2015 I-01AGENDA ITEM T, " 1 JQ CITY OF L.ODI COUNCIL COMMUNICATION • TM AGENDA TITLE: Adopt Resolution Approving Policy for Sick Leave Benefits for Part-time, Temporary, or Seasonal Employees in Accordance With Assembly Bill No. 1522, the Healthy Workplaces, Healthy Families Act of 2014 MEETING DATE: September 2, 2015 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolution approving policy for sick leave benefits for part-time, temporary, or seasonal employees in accordance with Assembly Bill No. 1522, the Healthy Workplaces, Healthy Families Act of 2014 BACKGROUND INFORMATION: On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522). This new law became effective on January 1, 2015, and provides paid sick leave for eligible employees beginning July 1, 2015. Regular full-time City of Lodi employees are provided paid sick leave benefits that exceed the minimum accrual as required under AB 1522; therefore, the proposed policy applies only to part-time, temporary or seasonal employees. AB 1522 provides employers with several options for providing paid sick leave and the City has elected to use the accrual method instead of front -loading a bank of hours. Eligible part-time, temporary or seasonal employees will accrue one hour of paid sick leave for every 30 hours worked and accruals can be carried over from year-to-year, up to the maximum accrual cap of six days (48 hours). There is no cash value to the sick leave bank. Employees who separate from the City and return within one year of separation will have their sick leave bank restored. Affected employees are entitled to use paid sick leave beginning on the 90th day of employment and paid sick leave usage is limited to three days (24 hours) in each year of employment. Paid sick leave may be requested to care for the employee's own health or the health of qualified family members, or for an employee who is the victim of domestic violence, sexual assault or stalking. This policy is intended to satisfy the requirements set forth under the Healthy Workplace, Healthy Families Act of 2014, codified in California Labor Code Sections 245-249 and Labor Code Section 2810.5. FISCAL IMPACT: The costs associated with AB 1522 are unknown at this time. FUNDING AVAILABLE: Absorbed in appropriations in each departmental budget for FY 2015/16, axt&_,� pm;L Adele Post, Human Resources Manager Jordan Ayers, Deputy City Man ger/Internal Services Director APPROVED: - en S hwa uer, City Manager CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL SUBJECT: SICK LEAVE BENEFITS FOR PART- TIME, TEMPORARY, OR SEASONAL EMPLOYEES DATE ISSUED: July 1, 2015 DATE REVISED: SECTION 1: PURPOSE In accordance with the Healthy Workplaces, Healthy Families Act ("Act") of 2014 (Assembly Bill No. 1522), the City of Lodi ("City") recognizes that employees will need time off due to personal illness, injury, confinement for medical treatment, or to care for a member of an employee's immediate family. This policy is intended to satisfy the requirements set forth under the Act, codified in California Labor Code Sections 245- 249 and Labor Code Section 2810.5. Please refer to the City's Family/Medical Leave Policy for the City's policy related to the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL). SECTION 2: APPLICABILITY This policy applies to temporary, part-time, and seasonal employees who, on or after July 1, 2015, work for the City for 30 or more days within a 12 month period from the beginning of employment, and are not eligible for any form of paid leave benefit (i.e., vacation or holiday) provided by the City. Employees categorized as regular, full-time employees, are not eligible for additional paid sick leave accrual as described in this policy as they are eligible for paid sick leave benefits provided in their applicable collective bargaining agreement, City Policy, or the City's Personnel Rules and Regulations, all of which exceed the minimum requirements of the Act. SECTION 3: ACCUMULATION RATE Employees covered by this policy are eligible to accrue paid sick leave, beginning with their first day of employment or as of July 1, 2015, whichever is later. Paid sick leave accrues at the rate of one (1) hour per every thirty (30) hours worked. The following schedule will be used for the purpose of determining hours worked for accrual of sick leave for Sports Officials: Baseball game Softball game (Adult) Softball game (Youth) Soccer game (Youth) Basketball game 2 hours per game 1 hour per game 1.5 hours per game 1.5 hours per game 1 hour per game The maximum accrual (cap) of paid sick leave is six (6) days or forty-eight (48) hours; whichever is more based on the employees regularly scheduled work "day" (i.e., work day may be 8, 9, or 10 hours. Most employees are scheduled to work 8 hours per day) and no additional paid sick leave will be accrued until the employee falls below the cap. Unused paid sick leave hours will carry over from one year to the next, up to the maximum accrual of six (6) days or forty- eight (48) hours. There is no cash value to the paid sick leave benefit made available under this policy. SECTION 4: ELIGIBILITY/USE OF PAID SICK LEAVE Employees working on a part-time, temporary, or seasonal basis are eligible to use paid sick leave benefits beginning with their 90th day of employment with the City. Employees may use up to three (3) days or 24 hours of accrued paid sick leave in any one year. The City defines a year as an anniversary year, which is 12 months from the employee's date of hire. For those employees hired prior to July 1, 2015, the anniversary date is July 1, 2015; for those employees hired after July 1, 2015, their actual hire date will be used. Sick leave may be taken in quarter hour increments. Employees shall be allowed the use of paid sick leave upon their oral or written request for the diagnosis, care or treatment of an existing health condition or preventative care, or specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking, as described in Labor Code section 230(c) and Labor Code section 230.1(a). Employees who wish to use accrued paid sick leave must provide their supervisor with advanced notification of the need for leave that is foreseeable (e.g., doctor's appointment scheduled in advance); or, provide their supervisor notice as soon as practicable if the need for leave is unforeseeable. Employees are not permitted to take sick leave with pay in excess of their accumulated balance. If sick leave accruals are exhausted, the employee will go on leave without pay status. SECTION 5: FAMILY SICK LEAVE As of the date of this policy and in accordance with state law, employees are eligible to utilize up to one-half of their annual sick leave accrual to care for a member of their immediate family. Immediate family members, for purposes of this policy, are described as: • child (including biological, adopted or foster child, step- child, legal ward or a child to whom the employee stands in loco parentis, regardless of age or dependency status), • parents (including biological, adoptive, or foster parent, step-parent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), • spouse or domestic partner, • grandparent, • grandchild, or • sibling. Exceptions under this section may be granted in the discretion of employee's Department Head and with concurrence of the City Manager, upon receipt of a written request. SECTION 6: CERTIFICATE FOR ABSENCE An employee's Department Head may request a physician's certificate for absences at any time for reasonable cause. SECTION 7: REQUEST FOR SICK LEAVE If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid leave is unforeseeable, the employee shall notify his/her supervisor or Department Head before his/her work shift begins or as soon as practicable, and immediately when taken ill during work hours unless otherwise specified by the Department Head. It is the responsibility of the employee to keep his/her supervisor informed on a daily basis if the absence is for more than one work day. An employee who is on sick leave shall not engage in work or other activities at any time which would be detrimental to the employee's ability to return to work and to perform the duties assigned. SECTION 9: SEPARATION FROM EMPLOYMENT Any accrued, but unused, paid sick leave hours, prior to the employee's last day of employment, are forfeited at the time of resignation, termination, retirement, layoff, or other separation from employment. If an employee is rehired within one (1) year of the date of separation, any unused forfeited accrued sick leave hours, up to the maximum accrual, will be reinstated, and available for the rehired employee to use. The rehired employee shall not be required to wait 90 days from his/her rehire date before paid sick leave hours can be used. RESOLUTION NO. 2015-160 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING POLICY FOR SICK LEAVE BENEFITS FOR PART-TIME, TEMPORARY, OR SEASONAL EMPLOYEES IN CONFORMANCE WITH AB 1522 ------------------------------------------------------------------ ------------------------------------------------------------------ WHEREAS, on September 10, 2014, Governor Brown signed Assembly Bill No. 1522 (AB 1522), known as the "Healthy Workplace, Health Families Act of 2014," providing paid sick leave benefits for eligible employees working in California; and WHEREAS, in accordance with AB 1522, an amendment to the City of Lodi Administrative Policy and Procedures Manual is required, setting forth the new policy for "Sick Leave Benefits for Part -Time, Temporary, or Seasonal Employees," as shown on Exhibit A, attached hereto and made a part of this Resolution; and WHEREAS, this new policy does not apply to regular, full-time City of Lodi employees, as they receive paid sick leave benefits through their respective collective bargaining agreements that exceed the minimum paid sick leave benefits as required under AB 1522. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached policy entitled, "Sick Leave Benefits for Part -Time, Temporary, or Seasonal Employees," in conformance with AB 1522. Dated: September 2, 2015 ------------------------------------------------------------------ ------------------------------------------------------------------ I hereby certify that Resolution No. 2015-160 was passed and adopted by the Lodi City Council in a regular meeting held September 2, 2015 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None J NIFER . FERRAIOLO ity Clerk 2015-160 EXHIBIT A CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL SUBJECT: SICK LEAVE BENEFITS FOR PART- TIME, TEMPORARY, OR SEASONAL EMPLOYEES DATE ISSUED: July 1, 2015 DATE REVISED: September 2, 2015 SECTION 1- PURPnSF In accordance with the Healthy Workplaces, Healthy Families Act ("Act") of 2014 (Assembly Bill No. 1522), the City of Lodi ("City") recognizes that employees will need time off due to personal illness, injury, confinement for medical treatment, or to care for a member of an employee's immediate family. This policy is intended to satisfy the requirements set forth under the Act, codified in California Labor Code Sections 245-249 and Labor Code Section 2810.5. Please refer to the City's Family/Medical Leave Policy for the City's policy related to the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL). SECTION 2: APPLICABILITY This policy applies to temporary, part-time, and seasonal employees who, on or after July 1, 2015, work for the City for 30 or more days within a 12 month period from the beginning of employment, and are not eligible for any form of paid leave benefit (i.e., vacation or holiday) provided by the City. Employees categorized as regular, full-time employees, are not eligible for additional paid sick leave accrual as described in this policy as they are eligible for paid sick leave benefits provided in their applicable collective bargaining agreement, City Policy, or the City's Personnel Rules and Regulations, all of which exceed the minimum requirements of the Act. SECTION 3: ACCUMULATION RATE Employees covered by this policy are eligible to accrue paid sick leave, beginning with their first day of employment or as of July 1, 2015, whichever is later. Paid sick leave accrues at the rate of one (1) hour per every thirty (30) hours worked. The following schedule will be used for the purpose of determining hours worked for accrual of sick leave for Sports Officials: Baseball game 2 hours per game Softball game (Adult) 1 hour per game Softball game (Youth) 1.5 hours per game Soccer game (Youth) 1.5 hours per game EXHIBIT A Basketball game 1 hour per game The maximum accrual (cap) of paid sick leave is six (6) days or forty-eight (48) hours and no additional paid sick leave will be accrued until the employee falls below the cap. Unused paid sick leave hours will carry over from one year to the next, up to the maximum accrual of forty-eight (48) hours. There is no cash value to the paid sick leave benefit made available under this policy. SECTION 4: ELIGIBILITY/USE OF PAID SICK LEAVE Employees working on a part-time, temporary, or seasonal basis are eligible to use paid sick leave benefits beginning with their 90th day of employment with the City. Employees may use up to 24 hours of accrued paid sick leave in any one year. The City defines a year as an anniversary year, which is 12 months from the employee's date of hire. For those employees hired prior to July 1, 2015, the anniversary date is July 1, 2015; for those employees hired after July 1, 2015, their actual hire date will be used. Sick leave may be taken in quarter hour increments. Employees shall be allowed the use of paid sick leave upon their oral or written request for the diagnosis, care or treatment of an existing health condition or preventative care, or specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking, as described in Labor Code section 230(c) and Labor Code section 230.1(a). Employees who wish to use accrued paid sick leave must provide their supervisor with advanced notification of the need for leave that is foreseeable (e.g., doctor's appointment scheduled in advance); or, provide their supervisor notice as soon as practicable if the need for leave is unforeseeable. Employees are not permitted to take sick leave with pay in excess of their accumulated balance. If sick leave accruals are exhausted, the employee will go on leave without pay status. SECTION 5: FAMILY SICK LEAVE As of the date of this policy and in accordance with state law, employees are eligible to utilize up to one-half of their annual sick leave accrual to care for a member of their immediate family. Immediate family members, for purposes of this policy, are described as: child (including biological, adopted or foster child, step -child, legal ward or a child to whom the employee stands in loco parentis, regardless of age or dependency status), parents (including biological, adoptive, or foster parent, step- parent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), EXHIBIT A • spouse or domestic partner, • grandparent, • grandchild, or • sibling. Exceptions under this section may be granted in the discretion of employee's Department Head and with concurrence of the City Manager, upon receipt of a written request. SECTION 6: CERTIFICATE FOR ABSENCE An employee's Department Head may request a physician's certificate for absences at any time for reasonable cause. SECTION 7: REQUEST FOR SICK LEAVE If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid leave is unforeseeable, the employee shall notify his/her supervisor or Department Head before his/her work shift begins or as soon as practicable, and immediately when taken ill during work hours unless otherwise specified by the Department Head. It is the responsibility of the employee to keep his/her supervisor informed on a daily basis if the absence is for more than one work day. An employee who is on sick leave shall not engage in work or other activities at any time which would be detrimental to the employee's ability to return to work and to perform the duties assigned. SECTION 9: SEPARATION FROM EMPLOYMENT Any accrued, but unused, paid sick leave hours, prior to the employee's last day of employment, are forfeited at the time of resignation, termination, retirement, layoff, or other separation from employment. If an employee is rehired within one (1) year of the date of separation, any unused forfeited accrued sick leave hours, up to the maximum accrual, will be reinstated, and available for the rehired employee to use. The rehired employee shall not be required to wait 90 days from his/her rehire date before paid sick leave hours can be used.