HomeMy WebLinkAboutReso 40-15RESOLUTION NO. 40-15
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING A PAID SICK LEAVE POLICY, PURSUANT TO THE
HEALTHY WORKPLACE HEALTHY FAMILY ACT OF 2014,
FOR UNREPRESENTED, UNBENEFITED, PART-TIME EMPLOYEES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on September 10, 2014 the Governor of the State of California signed the
Healthy Workplace Healthy Family Act of 2014 (the "Act"), providing paid sick leave for
covered employees, effective January 1, 2015; and
WHEREAS, the paid sick leave provisions of the Act take effect July 1, 2015; and
WHEREAS, regular City employees (both full- and part-time), who are currently
covered by the City's Rules and Regulations, Memorandums of Understanding, Agreements,
Contracts, benefits Resolution(s) or any other benefits policy, are provided with sick leave
benefits that meet the minimum requirements of the Act; and
WHEREAS, part-time, unbenefited employees are not covered by any the City's Rules
and Regulations, Memorandums of Understanding, Agreements, Contracts, benefits
Resolution(s) or any other benefits policy; and
WHEREAS, the City of Morro Bay wishes to establish a paid sick leave policy,
pursuant to the Act, applicable to the unrepresented part-time, unbenefited employees; and
WHEREAS, the Act allows the City to establish the accrual method, maximum accrual,
and the minimum usage increment for paid sick leave.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono
Bay, California, as follows:
The above recitals are true and correct, and incorporated herein by reference.
2. A sick leave policy for part-time, unbenefited employees of the City (attached
hereto as Exhibit "A") is hereby adopted. In accordance with the requirements of
the Act, the sick leave policy provides for the following:
A. Paid sick leave shall be credited at the beginning of each employee's year
(July lst for existing, qualifying employees) at the rate of twenty-four (24)
hours per year; and
B. Unused sick leave accrual shall be carried over to the following employee
year, subject to a 48 hour limit; and
C. An employee shall be entitled to use accrued paid sick time beginning on
the 90 day of employment, defined as the number of days worked.
Employees who have not worked in a 12 month period shall be considered
a new employee for purposes of sick leave accrual and usage.
D. Paid sick leave shall be taken in increments of not less than one (1) hour.
E. Paid sick leave benefits shall be effective July 1, 2015, and shall remain in
effect until modified, terminated, or rescinded by subsequent Resolution of
the City Council, or by changes to applicable State or Federal law.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular
meeting thereof, held on the 9t' day of June 2015, by the following vote:
AYES:
Irons, Headding, Johnson, Makowetski, Smukler
NOES:
None
ABSENT:
None
ABSTAIN:
None
14, � I , 4A 9 '�'
J IE L. IRONS, M yor
ATTEST:
aA�A&- 113
DANA SWANSON, City Clerk
® r
I. PURPOSE
CITY OF MORRO BAY
SICK LEAVE POLICY FOR
UNREPRESENTED, UNBENEFITED,
PART-TIME EMPLOYEES
California's AB 1522, called the "Healthy Workplace, Healthy Family Act of 2014"
(the "Act') was signed into law on September 10, 2014, and became effective
January 1, 2015. The law requires employers to provide paid sick leave to assist
employees who miss work due to their own illness or medical appointments or an
illness or medical appointment of a qualified family member during their
employment.
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.
taw II. POLICY
A. Eligibility
i. A part-time/hourly/seasonal, unbenefited employee qualifies for paid
sick leave by working for the City of Morro Bay (the "City'l, on or after
July 1, 2015, for at least 30 days within a year.
ii. Qualifying employees must satisfy a 90 day employment period before
any accrued sick leave may be taken. For purposes of calculating this
90 day employment period only, length of employment shall be
measured using the month of each employee's hire date, such
that an employee hired after the first day of the month is given credit
for that entire month. (For example, an employee hired on July 15,
2015, would be eligible for 24 hours of sick leave on October 1, 2105.)
iii. This policy applies only to unrepresented part-time/hourly/seasonal,
unbenefited employees, not covered by Memorandums of
Understanding, Agreements, or Contracts or the City's Personnel Rules
and Regulations.
iv. Employees categorized as regular, benefited employees, are not
eligible for additional sick leave, as described in this policy. Regular,
benefited employees are eligible for paid sick leave under applicable
01181.0004/252377.2 MCH Page 1
I. PURPOSE
CITY OF MORRO BAY
SICK LEAVE POLICY FOR
UNREPRESENTED, UNBENEFITED,
PART-TIME EMPLOYEES
California's AB 1522, called the "Healthy Workplace, Healthy Family Act of 2014"
(the "Act') was signed into law on September 10, 2014, and became effective
January 1, 2015. The law requires employers to provide paid sick leave to assist
employees who miss work due to their own illness or medical appointments or an
illness or medical appointment of a qualified family member during their
employment.
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.
taw II. POLICY
A. Eligibility
i. A part-time/hourly/seasonal, unbenefited employee qualifies for paid
sick leave by working for the City of Morro Bay (the "City'l, on or after
July 1, 2015, for at least 30 days within a year.
ii. Qualifying employees must satisfy a 90 day employment period before
any accrued sick leave may be taken. For purposes of calculating this
90 day employment period only, length of employment shall be
measured using the month of each employee's hire date, such
that an employee hired after the first day of the month is given credit
for that entire month. (For example, an employee hired on July 15,
2015, would be eligible for 24 hours of sick leave on October 1, 2105.)
iii. This policy applies only to unrepresented part-time/hourly/seasonal,
unbenefited employees, not covered by Memorandums of
Understanding, Agreements, or Contracts or the City's Personnel Rules
and Regulations.
iv. Employees categorized as regular, benefited employees, are not
eligible for additional sick leave, as described in this policy. Regular,
benefited employees are eligible for paid sick leave under applicable
01181.0004/252377.2 MCH Page 1
Memorandums of Understanding and the City's Personnel Rules and
Regulations.
B. Accrual
i. Employees are eligible to accrue paid sick leave, beginning with their
first day of employment or July 1, 2015, whichever is later.
ii. With the first payroll including the employees' eligibility date,
employees' sick leave bank will be provided with 24 hours of paid
sick leave.
iii. Unused accrued sick leave hours will carry over from one year to the
next, with July 1 as the carryover date for employees hired on or
before July 1, 2015. For employees hired after July 1, 2015, a year is
defined as the 12-month period from the employee's original month of
hire.
iv. Employees may not have a paid sick leave bank of more than forty-
eight (48) hours at any time. When this limit (cap) is reached, no
further sick leave hours will accrue, until the employee falls below the
cap.
C. Use of Paid Sick Leave
i. Employees may use accrued paid sick leave hours, beginning with their
90th day of employment with the City, subject to Section A(ii) above.
ii. An employee may not use paid sick leave hours before they are
accrued.
iii. Employees may only use up to 24 hours of accrued sick leave in
any one year.
iv. The minimum charge to paid sick leave is set at one hour.
v. An employee may submit an oral or written request to use paid sick
leave for any purpose allowed by the California Healthy Workplace
Healthy Family Act, such as:
a) An illness affecting the employee or a qualifying family member;
b) The diagnosis, care, or treatment of an existing health condition
of the employee or qualifying family member;
c) Preventative care, such as annual physicals or flu shots for the
employee or qualifying family member; or
d) For an employee who is a victim of domestic violence, sexual
assault, or stalking, to take time off:
1) To obtain or attempt to obtain any relief to help endure
the health, safety, or welfare of the employee or the
employee's child, such as a temporary restraining order,
restraining order other injunctive relief;
2) To seek medical attention, obtain services from a shelter,
program, or rape crisis center;
3) To obtain psychological counseling;
01181.0004/252377.2 MCH Page 2
4) To participate in safety planning; or
5) To take other actions to increase safety from future
incidents.
vi. For purposes of this policy, the term ""family member" is defined as:
a) A child, which includes a biological, adopted, or foster child,
stepchild, legal ward, or a child to whom the employee stands in
loco parentis;
b) A biological, adoptive, or foster parent, stepparent, or legal
guardian of an employee or the employee's spouse, registered
domestic partner, or a person who stood in loco parentis when
the employee was a minor child;
c) A spouse;
d) A registered domestic partner;
e) A grandparent;
f) A grandchild; or
g) A sibling.
D. Employee Notification Obligations
i. If the need for paid sick leave is foreseeable, the employee must
provide reasonable advance written notice. For example, the
employee's supervisor should be notified of a scheduled appointment
with the employee's ensuing shift, but not less than three days prior to
the scheduled appointment, if possible.
ii. An employee may request to use paid sick leave on an unscheduled
basis by calling his/her supervisor as soon as is practicable, but no
later than within the first thirty (30) minutes of his/her scheduled start
time, if possible.
iii. The employee shall not be required to search for, or find, a
replacement worker to cover the hours during which the employee
uses paid sick leave, as a condition of using paid sick leave.
iv. A supervisor, with the concurrence of the City Manager, or a designee,
may require an employee to provide a written explanation from a
physician, providing the reason for an unscheduled absence, and/or
indicating that the employee is medically cleared to return to work.
The employee must be told in advance of this requirement.
E. Payment of Paid Sick Leave
i. Paid sick leave hours will be compensated at the employee's current
hourly wage.
ii. Paid sick leave will be paid no later than the payday for the next
regular pay period after the sick leave was taken. (For example, if an
employee did not clock in for a shift and therefore was not paid for it
but utilized paid sick leave, the City would pay the employee not later
than the following pay period and account for it in the wage stub or
01181.0004/252377.2 MCH Page 3
separate itemized wage statement for that following regular pay
(W period.) The employee is responsible for ensuring accurate reflection
of sick leave taken on the appropriate timecards.
iii. Payment will be based on the employee's available accrual balance.
F. Separation from Employment
i. Any accrued, but unused, sick leave hours, prior to the employee's last
day of employment, are lost at the time of resignation, termination,
retirement, layoff, or other separation from employment.
ii. If an employee is rehired within one (1) year of the date of separation,
any lost accrued sick leave hours will be reinstated, and available for
the rehired employee to use. The employee shall not be required to
wait 90 days from his/her rehire date before paid sick leave hours can
be used.
G. Employer Notification and Recordkeeping Obligations
i. The City shall provide employees with written notice, setting forth the
amount of paid sick leave available for use. The notice will be provided
either on the employee's itemized wage statement or in a separate
writing, provided on the designated pay date with the employee's
paycheck.
ii. The City shall display a poster at each workplace that contains
information specified in the Labor Code.
iii. The City shall retain paid sick leave accrual and usage records for a
period of at least three (3) years. Such records will document the
hours worked and paid sick leave hours accrued and used by each
employee. An employee may request access to his/her records in the
same manner, regarding itemized wage statements and pay stubs.
Implemented: Resolution No. 40-15, June 9, 2015.
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