HomeMy WebLinkAbout1999-12-06 City Council (12)City of Palo Alto
City Manager’s Report
8
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
DECEMBER 6, 1999
DEPARTMENT: HUMAN RESOURCES
CMR:430:99
APPROVAL OF A RESOLUTION AMENDING SECTION 601 OF THE
MERIT SYSTEM RULES AND REGULATIONS TO PROVIDE FOR
AN INCREASE. IN THE NUMBER OF DAYS AN EMPLOYEE MAY
USE FOR ILLNESS IN THE IMMEDIATE FAMILY FROM FIVE
DAYS TO SIX DAYS
RECOMMENDATION
This report recommends Council approval of a resolution amending Section 601 of the Merit
System Rules and Regulations to provide for an increase in the number of days an employee
may use for illness in the immediate family from five to six days in order to comply with
recently passed State legislation.
DISCUSSION
The Governor signed AB 109 on July 26, 1999. The bill adds Section 233 to the Labor
Code, effective January 1, 2000 and requires an employer who provides sick leave for
employees to permit an employee to use in any calendar year accrued sick leave, in an
amount not less than the amount eamed during six months’ employment, for illness in the
immediate family.
The amount of sick leave a City of Palo Alto employee can accrue in a six-month period is
six days. Currently, the City allows an employee to use up to five days of sick leave for
illness in the immediate family. To comply with State law, the City must amend Section 601
of the Merit System Rules and Regulations.
RESOURCE IMPACT
No additional funding is necessary. Depending on utilization, minor additional funding for
staffing coverage may be required in future years.
POLICY IMPLICATIONS
The Merit System Rules and Regulations must be changed to comply with State law.
CMR:430:99 Page 1 of 2
ENVIRONMENTAL REVIEW
This is not a project under the Caiifomia Environmental Quality Act (CEQA).
ATTACHMENTS
1. Resolution amending Section 601 of the Merit System Rules and Regulations
2. Summary of AB 109, Knox. Employment: Sick Leave
PREPARED BY: Leonard
DEPARTMENT HEAD:
of Employee Benefits
qAY (2. ROUNDS
]~i-rector of Human Resources.
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:430:99 Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING. SECTION 601 OF THE MERIT SYSTEM RULES AND
REGULATIONS
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION I. Section 601 of the Merit System Rules and
Regulations is hereby amended to read as shown on Exhibit "A",
which is attached hereto and incorporated herein by reference.
SECTION 2. The change 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 EnvironmentalQuality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Human Resources
Director of Administrative
Services
991130 sdl 0032288
CHAPTER 6
SICK LEAVE
Sections:
601 Statement of policy
602 Eligibility
603 Accrual
604 Accumulation
605 Use
606 Depletion of sick leave benefits
607 Personal business leave chargeable to sick leave.
608 Forfeiture upon termination
609 Payment for accumulated sick leave
6~1. Statement of policy. Sick leave shall be allowed and used only in case of actual personal
sickness or disability, medical or dental treatmentl or as authorized in Section 607. Up to
~ days sick leave per year may be used for illness in the immediate family as defined in Chapter
8. Total sick leave accrual will not change.
602.. ~. Regular full-time and part-time employees shall be eligible to accrue and use
sick leave.
603. Accrual, Sick leave shall be accrued bi-weekly provided the employee has been in a pay
status for 50 percent or more of a bi-weekly pay period. Sick leave shall be accrued at the rate
of 3.7 hours per bi-weekly pay period for those employees working a forty-hour duty schedule.
Those assigned work schedules which are greater or lesser than forty hours will accrue sick leave
at the ratio of their work schedule to forty hours.
604. Accumulation. Accrued sick leave may be accumulated without limit, except as provided
in appropriate memoranda of agreement and except that for management and confidential
employees hired after December. 1, 1983,.sick leave accrual accumulation shall be limited to 1,000
hours.
605. Use. Sick leave may be used as needed and approved, to the point of depletion, at which
time the employee will no longer receive pay for sick leave. A new employee may, if necessary,
use up to forty-eight hours or shift equivalent of sick leave at any time during the first six months
of employment. Any negative balances generated by such utilization will be charged against
future accrual or deducted from final paycheck in the event of termination.
16
EXHIBIT "A"
Le~.’slation http://www.sen.ca, gov/htbin/testbin/ca-h...FROM0100.AB0109] CURRVER.TXT; 1/bill/AB 109
Subscribe
Bill lnfo
Past Sessions
Codes
Statutes
Constitution
Current Session Legislation
AB 109 Employment: sick leave.
BILL NUMBER: AB 109 CHAPTERED 07/26/99
CHAPTER JULY 26, 1999
FILED WITH SECRETARY OF STATE JULY 26, 1999
APPROVED BY GOVERNOR JULY 23, 1999
PASSED-THE SENATE JULY 15, 1999
PASSED THE ASSEMBLY JULY 15, 1999
AMENDED IN SENATE JUNE 21, 1999
AMENDED IN ASSEMBLY MARCH 25, 1999
INTRODUCED BY Assembly Member Knox
DECEMBER 23, 1998
An act to add Section 233 to the Labor Code, relating to employment.
LEGISLATIVE COUNSEL’S DIGEST
AB 109, Knox. Employment: sick leave.
Existing law does not require an employer to permit an employee to use sick leave to attend
to the illness of a child, parent, or spouse of the employee.
This bill would require an employer who provides sick leave, as defined, for employees to
permit an employee to use in any calendar year accrued sick leave, in an amount not less
than the amount earned during 6 months’ employment, to attend to the illness of a child,
parent, or spouse of the employee. The bill would apply to the state, political subdivisions
of the state, and municipalities.
This bill would prohibit an employer from denying the use of sick leave or from
discharging, threatening to discharge, demoting, suspending, or in any manner
discriminating in the terms and conditions of employment against, an employee for using, or
attempting to exercise the right to use, sick leave to attend to the illness of a child of the
employee.
This bill would provide that any employee aggrieved by a violation of the bill is entitled to
reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate
equitable relief, as specified. The bill would require the Labor Commissioner, upon receipt
of an employee’s complaint, to invoke administrative procedures or seek judicial remedies
to recover wages, penalties, and other compensation on behalf of aggrieved employees.
Alternatively, the bill would authorize an employee to bring a civil action for remedies
1 nf"l R/19/OCl 1 ’go, Pl’v~
~e~slation http://www.sen.ca.gov/htbirdtestbirdca-h...FROM0100.AB0109]C URRVI51~ 1X 1; li~tll/At~ l,U~
provided in these provisions and would authorize an award of reasonable attorney’s fees to
an employee who prevails in the action. The bill would declare that its rights and remedies
are nonexclusive.
SECTION 1. Section 233 is added to the Labor Code, to read:
233. (a) Any employer who provides sick leave for employees shall permit an employee to
use in any calendar year the employee’s accrued and available sick leave entitlement, in an
amount not less than the sick leave that would be accrued during six months at the
employee’s then current rate of entitlement, to attend to an illness of a child, parent, or
spouse of the employee. All conditions and restrictions placed by the employer upon the use
by an employee of sick leave also shall apply to the use by an employee of sick leave to
attend to an illness of his or her child, parent, or spouse. This section does not extend the
maximum period of leave to which an employee is entitled under Section 12945.2 of the
Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C.
Sec. 2606 et seq.), regardless of whether the employee receives sick leave compensation
during that leave.
(b) As used in this section:
(1) "Child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child
of a person standing in loco parentis.
(2) "Employer" means any person employing another under any appointment or contract of
hire and includes the state, political subdivisions of the state, and municipalities.
(3) "Parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian.
(4) "Sick leave" means accrued increments of compensated leave provided by an employer
to an employee as a benefit of the employment for use by the employee during an absence
from the employment for any of the following reasons:
(A) The employee is physically or mentally unable to perform his or her duties due to
illness, injury, or a medical condition of the employee.
(B) The absence is for the purpose of obtaining professional diagnosis or treatment for a
medical condition of the employee.
(C) The absence is for other medical reasons of the employee, such as pregnancy or
obtaining a physical examination.
"Sick leave" does not include any benefit provided under an employee welfare benefit plan
subject to the federal Employee Retirement Income Security Act of 1974 (Public Law
93-406, as amended) and does not include any insurance benefit, workers’ compensation
benefit, unemployment compensation disability benefit, or benefit not payable from the
employer’s general assets.
(c) No employer shall deny an employee the right to use sick leave or discharge, threaten to
discharge, demote, suspend, or in any manner discriminate against an employee for using, or
attempting to exercise the right to use, sick leave to attend to an illness of a child, parent, or
spouse of the employee.
9 n~’a 8/12/99 1:55 PI,
.e~slation http://www.sen.ca, gov/htbin/testbin/ca-h...FROM0100.AB0109]CURRVER.TXT; 1/bill!AB 109
(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement
and actual damages or one day’ s pay, whichever is greater, and to appropriate equitable
relief.
(e) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce
the provisions of this section in accordance with the provisions of Chapter 4 (commencing
with Section 79) of Division 1, including, but not limited to, Sections 92, 96.7, 98, and 98.1
to 98.8, inclusive. Alternatively, an employee may bring a civil action for the remedies
provided by this section in a court of competent jurisdiction. If the employee prevails, the
court may award reasonable attorney’s fees.
(f) The rights and remedies specified in this section ar~ cumulative and nonexclusive and
are in addition to any other rights or remedies afforded by contract or under other provisions
of law.
Home Senators Legislation Committees Schedules Offices/Caucuses Audio/TV Faqs/Links
Please send any questions or comments about this site to WebMaster~sen.ca.gov
8/12/99 1:55 PN~