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HomeMy WebLinkAbout2001-12-10 City Council (9)TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE:DECEMBER 10, 2001 CMR: 440:01 SUBJECT:APPROVAL OF A RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO TO PROVIDE A SUPPLEMENTAL MILITARY LEAVE BENEFIT TO PAY FOR THE DIFFERENTIAL BETWEEN REGULAR SALARY AND MILITARY PAY AND TO EXTEND EMPLOYEE BENEFITS (AS APPLICABLE) TO EMPLOYEES CALLED TO ACTIVE DUTY TO SERVE IN OPERATION ENDURING FREEDOM. RECOMMENDATION This report recommends that Council approve a resolution effective September 11, 2001 to adopt a supplemental military leave benefit for up to eleven additional months to cover reservists who have been called to active duty as part of Operation Enduring Freedom. BACKGROUND The City of Palo Alto’s Military Leave Benefit provides military leave benefits pursuant to the California Military and Veterans Code, Sections 389, et seq. Consistent with the Military and Veterans Code, the City of Palo Alto ifi the past has paid employees their regular salary for the first 30 calendar days after they have been called to military service. In addition, the City’s existing policy maintains all available benefits for all reservists on military leave during the first 30 days, though this maintenance of benefits is not required in all cases by state law. DISCUSSION The City of Palo Alto recognizes the sacrifices made by employees called to serve their country as part of Operation Enduring Freedom and recommends that Council adopt a Resolution that would provide extended paid military leave beyond the City’s current 30 day paid Military Leave Benefit. Under the proposed policy, the City’s current military leave benefit, including salary differential and all available benefits, will be extended so as to be available for up to eleven additional months after the (current) first 30 days’ pay and benefits. Such additional pay is authorized under Military and Veterans’ Code, §. 395.03, where provided for by Council resolution. The City’s Merit Rules permit Council to grant paid leave of up to one year "for reasons the Council, in its sole discretion, considers adequate and in the best interest of the City." (City of Palo Alto Merit Rules and Regulations, Chapter 8, CMR: 440:01 Page lof 3 Section 808.) The City of Palo Alto’s Supplemental Military Leave Benefit would be extended only to employees who enlisted in the Reserves prior to September 11, 2001 and have been called to active duty as a result of Operation Enduring Freedom. Currently, one employee has been called up to serve. This benefit would not be extended to employees who volunteer to serve on active duty. Following are the benefits provided after the first 30 days of paid military leave: 1.The City would pay the differential between an employee’s current regular pay and military pay received by the employee while on active military service up to eleven additional months. 2.The City would provide continuation for up to eleven months for all employee benefit plans for the employee (and their eligible family members), subject to any specific exclusions and limitations contained in the contracts and Summary Plan Descriptions, as long as the employee was enrolled in such plans on the day before the employee was called to active duty. 3. The City would provide for vacation and sick leave accruals to continue during the period of military leave for up to eleven additional months. All other provisions of the California Military and Veterans Code and the federal Uniformed Services Employment and Reemployment Rights Act with respect to military leave would continue to apply. RESOURCE IMPACT There are sufficient funds in the 2001/2002 budget to cover the minimal costs of this benefit. POLICY IMPLICATIONS Existing policies already grant authority to extend leave for up to 12 months. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act (CEQA). CMR: 440:01 Page 2of 3 PREPARED BY: Leonard Zucker, Manager, Employee Benefits DEPARTMENT HEAD: CITY MANAGER APPROVAL: JA"~z C. ROUNDS Director of Human Resources EMILY I~RRIsoN- - Assistant City Manager CMR: 440:01 Page 3of3 "9 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO TO PROVIDE A SUPPLEMENTAL MILITARY LEAVE BENEFIT TO PAY FOR THE DIFFERENTIAL BETWEEN REGULAR SALARY AND MILITARY PAY AND TO EXTEND EMPLOYEE BENEFITS (AS APPLICABLE)TO EMPLOYEES CALLED TO ACTIVE DUTY TO SERVE IN OPRERATION ENDURING FREEDOM WHEREAS, the Council of the City of Pa!o Alto highly values the contributions made by its emp!oyee reservists called to serve their country as part of Operation Enduring Freedom, and WHEREAS, it is in the interests of the City of Pa!o Alto and its workforce to ensure that employee reservists called to duty as part of Operation Enduring Freedom are able to serve with the knowledge that their families will not lose salary or benefits, and WHEREAS, the California Military and Veterans Code, Section 395.03, provides that cities may by resolution of their legislative body authorize additional pay for employees on military leaves of absence beyond the 30 days required by the Military and Veterans Code, NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as fol!ows: SECTION i. Following payment (in accordance with the City’s current policy) of the first 30 days of military leave pay to a City employee reservist called to active military duty as part of Operation Enduring Freedom, the City will pay the differential between the employee,s current regular salary and the military pay received by the emp!oyee for up to eleven additional months of active military duty. SECTION 2. During the period described in Section i, for up to eleven months, the City will continue benefits associated with the emp!oyee’s regular emp!oyment, subject to any exclusions or limitations contained in the relevant contracts with providers and Summary Plan Descriptions, as long as the employee was enrolled in such plans on the day before the employee was called to active military duty. 01 !205 cl 8120244 SECTION 3. During the period described in Section !, for up to eleven months, the employee will continue to accrue vacation and sick leave in accordance with the employee’s regular accrua! schedule. SECTION 4. The supplemental military leave benefit described herein is available only to regular City employees who enlisted in the Reserves prior to September ii, 2001, and who have been called to active duty as part of Operation Enduring Freedom by the appropriate military authorities. It is not available to employees who volunteer to serve on active military duty. SECTION 5. 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: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM:APPROVED: Senior Asst. City Attorney City Manager Director of Human Resources Director of Administrative Services O11205 cl 8120244