HomeMy WebLinkAbout2000-04-03 City Council (9)TO:
City of Palo Alto -
City Manager’s Repor
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:April 3, 2000
SUBJECT:
CMR:196:00
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
RECOMMENDATION
This report recommends that Council approve a resolution amending the Merit System Rules
and Regulations to add a Voluntary Leave Plan and make certain technical revisions
regarding leaves of absence, as required by law.
DISCUSSION
In the past, circumstances have arisen where City employees have suffered a medical
emergency necessitating extended absence from work for which the employee has exhausted
all paid leave. In these circumstances, other employees have come forward wishing to
donate paid leave to the affected employee. Under current Merit System Rules it is not
possible to make such a donation.
The Merit Rule amendment recommended in this report authorizes the establishment of a
Voluntary Leave Sharing Program. Under this program, regular City employees who meet
certain conditions may transfer vacation balances to a sharing account. Sharing account
credits may then be applied to the paid leave of a requesting employee who is on an approved
leave, and who, by reason of a medical emergency, has exhausted all available leave
balances. All requests for leave transfers will be made according to procedures approved by
the City Manager. Care will be taken to emphasize the voluntary nature of the requests and
to ensure the confidentiality of the employee’s medical condition and circumstances.
Last fall, the City conducted a survey to determine which other cities had implemented
"leave sharing plans." Fourteen cities have implemented plans, including San Francisco, San
Jose, San Mateo, Redwood City, Menlo Park, Sunnyvale, Santa Clara and Fremont.
CMR:196:00 Page 1 of 2
The adoption ofa Voluiatary Leave Sharing Plan has been reviewed with the City’s employee
groups, who have endorsed the plan in concept.
Technical Merit Rule Changes
In addition to the Leave Sharing provision, other changes of a technical nature have been
made to bring the Merit Rules into compliance with state and federal law. These changes are
in the areas of vacation accrual, military leave, leave in connection with pending disciplinary
action, and leaves relating to disabilities, medical conditions and qualifying family situations,
such as birth or adoption.
RESOURCE IMPACT
There will be no cost impact, as all leave sharing will involve conversion of donated hours
into dollars.
POLICY IMPLICATIONS
This recommendation establishes a new policy for sharing paid vacation under procedures
approved by the City Manager.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Resolution of the Council of the City of Palo alto Amending Chapters 7 (Vacation Leave)
and 8 (Other Leaves of Absence) of the Merit Syste~ Rules and Regulations
PREPARED BY: Leonard Zucker, Employee Benefits Manager
DEPARTMENT HEAD:" ~.ROUNDS ~ /~ - esou es
CITY MANAGER APPROVALtJl~ FL~MI ~ G
~]ty Manager
CMR:196:00 Page 1 of 2
RESOLUTION NO.
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 i. 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:
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
Services
Administrative
000328 sdl 0032323
CHAPTER 7
VACATION LEAVE
Sections:
701
702
703
704
705
706
707
708
Eligibility
Vacation accrual
Cessation of accrual
Holidays falling during vacation
Use of vacation
Vacation at termination.
Vacation benefits for deceased employees
Effect of extended military leave
(a)
(b)
(c)
Eligibili ,ty.
Full-time regular employees. Full-time regular employees shall be eligible for vacation
leave in conformance with the provisions of Section 702.
Part-time regular employees. Part-time regular employees shall be eligible for vacation
leave in conformance with the provisions of Section 702, with compensation computed on
the basis of part-time/full time ratio.
Hourly employees. Hourly employees shall not be eligible for vacation leave.
Vacation accrual. Vacation will be accrued when an employee is in pay status and will be
credited on a bi-weekly basis. Such aecr’-~l ~nd credit 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 defmed in the appropriate Memoranda of A~reement or
compensation plans for continuous.service performed in pay status:
Less than four.years. For employees completing less than four years’ continuous service:
r;;e calend-~ ";,’eek: 80 hours vacation leave per year.
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.
Nine, but not more than fourteen years~ For employees completing nine but not more than
fourteen or--more years continuous service: ~ 160 hours vacation leave per
year.
000329c10032322 Exhibit "A"
(d)
(e)
704.
Fourteen~ but not more than nineteen years. For employees completing fourteen, but not
more than nineteen years continuous service: 180 hours vacation leav____ge per year.
Nineteen or more years. For employees completing ~ nineteen or more years
continuous service: 200 hours vacation leave per year.
Cessation of accrual~ and accrual resumption.
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.
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(f), the
employee may resume accruing vacation up to the limits described by Section 703(a).
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.
(a)
Use of vacation.
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 shall be determined by his/her department head
with particular regar.d for the needs of the City, but also insofar as possible, considering the
wishes of the employee.
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)Vaca~ 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.
000329 cl 0032322
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.
707.___:.
708.._~.
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.
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.
Effect of extended military, leave, A ....I .......,~,., ~,~÷ ....÷,, ~.:on. ......~ ~. ........~
bec~me~ effective. State ~d federal law sh~l govem ~e fi~ts of emplo~ent ~d benefi~
for employees on milit~ leave.
000329 c10032322
CHAPTER 8
OTHER LEAVES-OF ABSENCE
Sections:
801
8O2
8O3
804
805
8O6
807
808
8O9
810
811
812
Leave of absence without pay
Absence without leave
Leave Of absence; death in immediate family
Leave of absence; death outside the immediate family
Military leave of absence
Employee’s time offto vote
Jury duty; leave of absence
Leave of absence with pay
Educational Leave of Absence with Pay
Subpoenas; leave of absence
Leave with pay:disciplinary investigation
.Voluntary leave sharing program
801..__~.Leave of absence without pay.
(a)Family Medical Leave under FMI,A/CFRA.
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 aualifving 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.
Leave for Serious Health Condition of the Employee. Where FMLA/CFRA leave is
wanted fo~ an employee’s own serious health condition, as def’med under the
FMLA/CFRA: the employee may elect to substitute accrued sick leave as well as
vacation for the unpaid leave provided under statute.
000329 el 0032322
(b)
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
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 wanted 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.
Leave of absence for a serious health condition of the employee or the employee’s
qualified family member is subiect to a current certification by a medical provider,
in accordance with provisions of FMLA/CFRA.
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 er-edi~. 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 grant~ed 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 of the FEHA/ADA. ha4 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 of the FEHA/ADA.
000329 cl 0032322
802...__:.
803...__=.
Voluntary. Leave Sharing. An employee on authorized unpaid leave (including but.not
limited to FMLA/CFRA leave), whb 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 disabili~: and who has exhausted all available leave balances., may be eligible to apply
for receit~t Of any paid leave that has been transferred to the City’s Voluntary Leave Sharinf,
program, in accordance with the procedures adopted by the City Manager.
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 restdtin termination of employment. ’ .
Leave of absencel 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 defined 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, gr ~andmother, 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 approvalof a Council-Appointed Officer for employees under his/her
control.
804~
805.
806_._~.
Leave of absence~ 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~.
Militar3, 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.
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___~.
808.___~.
Jury. du ,ty; 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.
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.
000329 c10032322
809....~.
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.
Educational leave of absence w~ Leave of absence with pay for educational
improvement may be granted by the City Manager in conformance with appropriate
administrative directives.
~eave 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.
Leave with pay.." disciplinary,, investigation. A Council al~pointed 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.
Voluntary. Leave Sharing Program. The City will maintain a Voluntary Leave Sharing
t~ro~ram. Qualifyin~ 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 pro.gram to...applicants for such leave shall
be made by the City. Manager in accordance with the procedures adopted by the City
Manager.
I
000329 cl 0032322