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HomeMy WebLinkAboutRESO 7953I RESOLUTION NO. 7953 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTERS 7 (VACATION LEAVE) AND 8 (OTHER LEAVES OF ABSENCE) OF THE MERIT SYSTEM RULES AND REGULATIONS The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Chapters 7 and 8 of the Merit System Rules and Regulations are .hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. The changes to the Merit System Rules and Regulations provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: April 3, 2000 AYES: BEECHAM, BURCH, EAKINS, KLEINBERG, KNISS, LYTLE, MOSSAR, OJAKIAN NOES: ABSENT: FAZZINO ABSTENTIONS: ATTEST: ~f)-~ APPROVED AS TO FORM: IJ~L:L.-10J-_ W , (!_4.-L-- Senior Asst. City Attorney 000328 sdl 0032323 APPROVED: Director Services CHAPTER 7 VACATION LEAVE Sections: 701 Eligibility 702 Vacation accrual 703 Cessation of accrual 704 Holidays falling during vacation 705 Use ofvacation 706 Vacation at termination 707 Vacation benefits for deceased employees 708 Effect of extended military leave 701. . Eligibility. (a) Full-time regular employees. Full-time regular employees shall be eligible for vacation leave in conformance with the provisions of Section 702. (b) Part-time regular employees. Part-time regular employees shall be eligible for vacation leave in cmiformance with the provisions of Section 702, with compensation computed on the basis of part-time/full time ratio. (c) Hourly employees. Hourly employees shall not be eligible for vacation leave. 702. Vacation accrual. Vacation will be accrued when an employee is in pay status and will be credited on a bi-weekly basis. Total vacation accrual at any one time may not exceed three times the annual rate of accrual. Each eligible employee shall accrue vacation at the following rates or as defined in the appropriate Memoranda of Agreement or compensation plans for continuous service performed in pay status: (a) Less than four years. For employees completing less than four years continuous service: 80 hours vacation leave per year. ·(b) Four, but not more than nine years. For employees completing four, but not more than nine years continuous service: 120 hours vacation leave per year. (c) Nine, but not more than fourteen years. For employees completing nine but not more than fourteen years continuous service: 160 hours vacation leave per year. 000411 cl 0032322 Exhibit "A" (d) Fourteen, but not more than nineteen years. For employees completing fourteen, but not more than nineteen years continuous service: 180 hours vacation leave per year. (e) Nineteen or more years. For employees completing nineteen or more years continuous service: 200 hours vacation leave per year. 703. Cessation of accrual, and accrual resumption. (a) In the event an employee fails to use his/her vacation as provided in these rules, vacation accrual beyond the limits established in these rules shall be prohibited, and no other compensation or recognition of such prohibited accrual will be made, except that the City Manager may extend accrual limits when vacation is not permitted, for the convenience of the City. (b) When an employee who has reached his/her maximum vacation accrual, as defined in Section 703 (a), uses vacation for his/her personal leave or voluntarily transfers accrued vacation in accordance with the Voluntary Leave Sharing provisions described in Section 705(t), the employee may resume accruing vacation up to the limits described by Section 703(a). 704. Holidays falling during vacation. In the event a City holiday falls within an employee's vacation period which would have excused the employee from work, and for which no other compensation is made (see Section 518), an additional work day for each such holiday shall be added to the vacation leave. 705. Use ofvacation. (a) When to be taken. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time shali be determined by his/her department head with particular regard for the needs of the City, but also insofar as possible, considering the wishes of the employee. (b) Limitation on use. Employees may not use more than their annual rate of accrual in any calendar year period, provided, however, that a department head may grant exceptions to this limitation. (c) Waiting period. Employees shall complete six months continuous service before using accrued vacation leave. (d) Double compensation prohibited. Employees shall not work for the City during their vacation. (e) Vacation splitting. It is the intention of the City that vacation be taken in units of one week; however, with approval of his/her department head, an employee may use his/her accrued vacation in units of less than one work week. 000411 cl 0032322 (f) Voluntary leave sharing. An employee may voluntarily transfer accrued vacation to a Voluntary Leave Sharing program, in accordance with procedures adopted by the City Manager, provided that the employee will have a post-transfer balance of at least two weeks of accrued vacation. 706. Vacation at termination. Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Payments for accrued vacation shall be at the employee's current rate of pay. 707. Vacation benefits for deceased employees. An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to his/her estate within thirty days. This accrued vacation will be computed at his/her last basic rate of pay. 708. Effect of extended militarv leave. State and federal law shall govern the rights of employment and benefits for employees on military leave. 000411 c1 0032322 CHAPTERS OTHER LEAVES OF ABSENCE Sections: 801 Leave of absence without pay 802 Absence without leave 803 Leave of absence; death in immediate family 804 Leave of absence; death outside the immediate family 805 Military leave of absence 806 Employee's time off to vote 807 Jury duty; leave of absence 808 Leave of absence with pay 809 Educational Leave of Absence with Pay 810 Subpoenas; leave of absence 811 Leave ·with pay: disciplinary investigation 812 Voluntary leave sharing program 801. Leave of absence without pay. (a) Family Medical Leave under FMLA/CFRA. (i) General. Leaves of absence without or with pay may be granted in accordance with the applicable provisions of the federal Family and Medical Leave Act of 1993, as amended (FMLA) and California's Moore-Brown-Roberti Family Rights Act, as amended (CFRA), and any implementing policies established by the City Manager, for treatment of a qualifying serious health condition of an employee or an employee's qualifying family members, or for the birth, adoption or foster care of a child. Leave granted pursuant to the FMLA and/or CFRA is not paid except where an employee elects to substitute accrued vacation or (where permitted under FMLA/CFRA) other accrued paid time off for the unpaid leave provided under the statutes. The use of paid time off is governed by these Rules. (ii) Leave for Serious Health Condition of the Employee. Where FMLA/CFRA leave is granted for an employee's own serious health condition, as defined under the FMLA/CFRA, the employee may elect to substitute accrued sick leave as well as vacation for the unpaid leave provided under statute. (iii) Leave for Serious Health Condition of Family Members; Birth, Adoption or Foster care of a Child. The FMLA and CFRA also provide for unpaid employee leave to care for the employee's parent, spouse or child with a serious health condition warranting the employee's participation to provide care, as defined under the 000411 cl 0032322 FMLA/CFRA, and for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. An employee granteq such leave may elect to substitute accrued vacation, and may elect to substitute accrued sick leave as set forth in Section 601, for the unpaid leave provided under statute. (iv) Leave of absence for a serious health condition of the employee or the employee's qualified family member is subject to a current certification by a medical provider, in accordance with provisions of F~LA/CFRA. (b)· Other Leaves Due to Disability, Personal Emergency, etc. Leaves of absence without pay may be granted in cases of disability, personal emergency or when such absences would not be contrary to the best interest of the city. Non-disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Leave of absence for disability is subject to a medical provider's certification stating appropriate medical facts regarding the employee's condition, including a statement as to whether the employee is able to perform the essential functions of his or her job; which essential functions the employee is unable to perform; whether the employee's ability to perform an essential function( s) depends on work restrictions (and, if so, describing the work restrictions); and the anticipated duration of the disability(ies). Disability due to pregnancy will be considered as any other disability, subject to applicable state and federal 'law, including California's Fair Employment and Housing Act. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case. Leave of absence without pay in excess of one week's duration may be granted by a Council-Appointed Officer for employees under his/her control based on the merits of the case, and, in the case of an employee with a disability, in · accordance with the applicable provisions ofthe FEHAIADA. Such leave shall not exceed twelve months' duration, including any time that has been granted for FMLA/CFRA leave, unless, in the case of an employee with a disability, additional leave is required by any applicable provisions ofthe FEHA/ADA. (c) Voluntary Leave Sharing. An employee on authorized unpaid leave (including but not limited to FMLA/CFRA leave), who has been on leave for at least thirty calendar days due to a "medical emergency," as defined in Section 812, who is not currently eligible for long- term disability, and who has exhausted all available leave balances, may be eligible to apply for receipt of any paid leave that has been transferred to the City's Voluntary Leave Sharing 000411 cl 0032322 program, in accordance with the procedures adopted by the City Manager. 802. Absence without leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. 803. Leave of absence; death in immediate family. Leave of absence with pay of three days may be granted an employee by the head of his/her department in the event of death in the employee's immediate family, which is defmed for purposes of this section as wife, husband, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, grandmother, grandmother-in-law, grandfather, grandfather-in-law, aunt, uncle, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of three days shall be subject to the approval of a Council-Appointed Officer for employees under his/her control. 804. Leave of absencei death outside the immediate family. Leave without pay may be granted a full-time regular, or part-time regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 801(b). 805. Military leave of absence. State and Federal law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. 806. Employee's time off to vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. 807. Jury duty; leave of absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his/her jury service. 808. Leave of absence with pay. A Council-Appointed Officer may grant a regular or part-time employee under his/her control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he/she, in his/her sole discretion, deems adequate and in the best interest of the city. The City Council may grant a regular or part-time employee a leave of absence with pay for a period not to exceed one year for reasons the Council, in its sole discretion, considers adequate and in the best interest of the City. 000411 cl 0032322 809. Educational leave of absence with pay. Leave of absence with pay for educational improvement may be granted by the City Manager in conformance with appropriate administrative directives. 810. Subpoenas; leave of absence. Full-time regular, or part-time regular employees who are subpoenaed to appear as witnesses in behalf of the State of California, or any of its agencies, or in the course of City employment, may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. 811. Leave with pay; disciplinary investigation. A Council appointed officer may authorize placement of a regular full time or part-time employee under his/her control on a leave of absence with pay as necessary for compliance with due process requirements during an administrative investigation which may result in disciplinary action. 812. Voluntary Leave Sharing Program. The City will maintain a Voluntary Leave Sharing program. Qualifying employees who will have a post-transfer vacation balance of at least two weeks of accrued vacation may transfer paid leave, in minimum four hour increments, into the Voluntary Leave Sharing program, for transfer to other employees on authorized leave due to a "medical emergency," who are not currently eligible for long-term disability, and who have exhausted all paid leave, in accordance with procedures adopted by the City Manager. "Medical emergency," as used in these Rules, means "a medical condition of the employee that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the Leave-Sharing Program." Allocation of any paid leave transferred into the program to applicants for such leave shall be made by the City Manager in accordance with the procedures adopted by the City Manager. 000411 c1 0032322