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CC RES 1995-072 RESOLUTION NO. 95-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO 94-56 TO ADOPT REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2 .46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel system created in said Municipal Code Chapter; and WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and WHEREAS, these rules set forth in detail those procedures which define many of the obligations, rights, privileges and prohibitions which are placed upon Competitive Service Employees which are described in Chapter 2 .46 of the Rancho Palos Verdes Municipal Code; WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the City Manager in the interpretation and application of these rules so that they are applied equitably; and WHEREAS, from time to time these rules must be revised due to relevant changes in federal and state personnel law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Exhibit "A" of Resolution No. 94-56 is hereby amended as follows: Section 1: Section 3 of Rule VI is amended to add the following subsection: " (d) Upon termination or dismissal from employment, employees and probationary employees shall be paid for accumulated compensatory time up to a maximum amount which may be accumulated under the provisions of these Rules, in accordance with federal and state law. " Section 2 : Section 1(e) of Rule VII is amended to read as follows: " (e) Employees will have the option to be paid for vacation leave time that exceeds the maximum allowed by these Rules if the vacation leave request is received and denied by their Department Head due to the work force needs of the City, prior to exceeding the maximum accrual. " Section 3 : Section 3 (a) of Rule VII is amended to read as follows: "Employees and probationary employees are eligible to earn one half day of paid leave for ten (10) consecutive weeks of perfect attendance without using any sick leave time. " Section 4: Section 3 (b) of Rule VII is amended to read as follows: "A maximum of one day of wellness leave may be accrued. " Section 5: Section 3 (d) of Rule VII is amended to read as follows: "Wellness leave may be used for pregnancy disability leave and leaves provided under the federal and California family and medical leave statutes. " Section 6: Section 7 (f) of Rule VII is amended to read as follows: "A pregnancy disability leave of absence shall not be construed as a break in service or employment. " Section 7: Section 7 (i) of Rule VII is amended to read as follows: "An employee or probationary employee reinstated to her original job after a pregnancy disability leave of absence shall receive the same step in the salary range that she received when the leave of absence began. If the time spent on such leave was without pay, the time shall not count toward service for increases within the salary range or paid leave benefits. In addition, the employee's or probationary employee's evaluation date shall be set forward one month for each thirty (3 0) consecutive calendar days of unpaid leave taken. " Section 8 : Section 9 (a) (5) of Rule VII is amended to read as follows: " (5) The day after the fourth Thursday in November. " Section 9 : Section 10 of Rule VII is amended to add the following subsection: " (f) Administrative leave may be used for medical appointments, pregnancy disability leave and leaves provided pursuant to the federal and California family and medical leave statutes. " Section 10: Section 11 (h) of Rule VII is amended to read as follows: " (h) Except as otherwise permitted by law, all requests for leave shall be in writing, and shall be sent to the City Manager. The request shall include the expected start and end dates of the leave, and the medical certification set forth in subsections (j) or (k) herein. An employee shall provide as much advance notice of the need for leave as practicable. Generally, when the need for the leave is foreseeable the employee shall provide not less than 10 days' notice prior to the commencement of the leave. Failure to provide advance notice of the need for leave may be grounds for delaying the start of the leave. " PASSED, APPROVED AND ADOPTED on July 18, 1995. I/ Ma r Resolution No. 95-72 Page 2 ATTEST: 41116 /, 4-/ City Clerk St. e of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 95-72 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 18, 1995. 1 _ City C):rk City of Rancho Palos Verdes . Resol. No. 95-72 Page 3 EXHIBIT "A" AMENDMENTS TO COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES (RES. NO. 95-72) SECTION 3 - COMPENSATORY TIME: Nonexempt employees and nonexempt probationary employees may elect to be credited with compensatory time off in lieu of paid overtime at the time such overtime is recorded. Such compensatory time shall be at the rate of one and one-half (11/2) hours for each hour of overtime worked. Compensatory time may not be accumulated to exceed forty (40) hours. (a) The taking of all compensatory time off shall first be approved by the nonexempt employee's or nonexempt probationary employee's Department Head or the City Manager and shall be granted in accordance with the work force needs of the City and the federal Fair Labor Standards Act. (b) Compensatory time may be used for medical appointments. (c) Compensatory time may be used for pregnancy disability leave and other leaves provided pursuant to the federal and California family and medical leave statutes. (d) Upon termination or dismissal from employment, employees and probationary employees shall be paid for accumulated compensatory time up to a maximum amount which may be accumulated under the provisions of these Rules, in accordance with federal and state law. I/ ADOPTED-07/05/94 14 Resol. No. 95-72 Exhibit "A" Page 1 written request to schedule vacation leave to the employee's Department Head or the City Manager within a reasonable amount of time prior to the desired date and shall be ranted in accordance ordance with the work force needs of the City. (e) Employees will have the option to be paid for I/ vacation leave time that exceeds the maximum, which may be accumulatcd, allowed by these Rules if a requested vacation leave is received and denied by their Department Head due to the work force needs of the City, prior to exceeding the maximum accrual. (f) Employees shall not be granted, and accordingly are not entitled to take vacation leave in advance of its accrual. (g) Upon termination or dismissal from employment, employees and probationary employees shall be paid for accumulated vacation leave up to a maximum amount which may be accumulated by these Rules. (h) Vacation leave may be used for medical appointments, pregnancy disability leave and leaves p rovided pursuant to the federal and California family and medical leave statutes. SECTION 2 - SICK LEAVE: (a) Employees and probationary employees earn p aid sick leave at the rate of eight (8) hours for each full calendar month I/ of continuous employment with the City including time served in probationary status. ADOPTED-07/05/94 17 Resol. No. 95-72 Page 2 accordingly are not entitled to be paid for accumulated sick leave. (i) This section shall be interpreted and applied in a manner consistent with applicable federal and California law. SECTION 3 - WELLNESS LEAVE: Employees and probationary employees are eligible to earn four (4) hours one half day, of paid leave for ten (10) consecutive weeks of perfect attendance without using any sick leave time. (a) Prospectively the ten (10) week period shall be calculated from June 2, 1991. (b) A maximum of cight (8) hours one day of wellness leave may be accrued. (c) Upon termination or dismissal from employment, employees and probationary employees shall not be granted, and accordingly are not entitled to be paid wellness leave. (d) Wellness leave may be used for pregnancy, disability leave and leaves provided under the federal and California family and medical leave statutes. SECTION 4 - BEREAVEMENT LEAVE: Compensated Bereavement Leave is not considered to be accrued leave which an employee or I/ probationary employee may use at his/her discretion, but is granted by reason of death of a member of the employee's or probationary employee's immediate family, consisting of an employee's or probationary employee's spouse and employee's or ADOPTED-07/05/94 19 ,�2 Resol. No. 95-72 3 (e) Prior to returning to work an employee or probationary employee who took a pregnancy disability leave must provide the City Manager with a certification from a health care provider that the employee's or probationary employee's I/ disability has ceased and the person is able to return to work. (f) A pregnancy disability leave of absence shall not be construed as a break in service or employment. Howcv , - _ , - - • - - . . , - - : - - of abccncc. (g) Use of pregnancy disability leave for a purpose other that for which it was granted shall be cause for discharge and forfeiture of reinstatement rights. To the extent permitted by law, failure on the part of an employee or probationary employee on leave to report to work promptly at its expiration shall be cause for discharge. (h) Except as otherwise provided by law, upon return from pregnancy disability leave, the employee or probationary employee shall be reinstated to her original job. If the employee or probationary employee is not returned to her original job, she shall be returned to a substantially similar job, unless either there is no substantially similar position available or filling the substantially similar position would substantially I/ undermine the City's ability to operate safely and efficiently. (i) An employee or probationary employee reinstated to her original job after a pregnancy disability leave of absence ADOPTED-07/05/94 24 Resol. No. 95-72 Page 4 shall receive the same step in the salary range that she received when the leave of absence began. If the time spent on such leave was without pay, the time shall not count toward service for increases within the salary range or paid leave benefits, and the employee's or probationary employee's evaluation date shall be set forward one month for each thirty (30) consecutive calendar days taken. (j) The City shall maintain group health insurance coverage for an employee or probationary employee (including dependent coverage) while employee is taking pregnancy disability leave at the level and under the conditions coverage would have been provided by the City if the employee or probationary employee had not taken the leave. In the event an employee or probationary employee does not return to work following a pregnancy disability leave, the City reserves the right to recover the premiums or other sums the City paid for group health insurance coverage during the period of the leave. (k) This section shall be interpreted and applied in a manner consistent with applicable federal and California law. SECTION 8 - MILITARY LEAVE: Military leave shall be granted in accordance with applicable California and federal law. SECTION 9 - PAID HOLIDAY LEAVE: (a) Subject to the restrictions described below, nonexempt employees and nonexempt probationary (new-hire and promotional) employees will receive ADOPTED-07/05/94 25 Resol. No. 95-72 Page 5 paid leave at their straight-time hourly rate for the following designated City holidays: (1) The last Monday in May; (2) July 4; (3) The first Monday in September; (4) The fourth Thursday in November; (5) The day after the fourth Friday Thursday in November; (6) The period between and including December 24 and January 1 (Saturdays and Sundays excepted) ; and (7) One day as a floating holiday which shall be designated yearly by the City Manager. (b) Exempt employees shall receive paid leave for the designated City holidays outlined in Section 9 (a) above. (c) If July 4th falls upon a Saturday, the Friday before is the observed holiday, and if the date falls upon a Sunday, the Monday following is the observed holiday. (d) In order to be eligible for holiday pay, an employee or probationary must work the last scheduled workday before and the first scheduled workday after the holiday, unless the employee is taking approved paid leave. (e) If a holiday falls during an employee's or probationary employee's approved vacation period, the employee or probationary employee will be paid for the holiday and will not I/ be charged with a vacation day for the day the holiday is observed. ADOPTED-07/05/94 26 Resol. No. 95-72 Page 6 City Manager's discretion, s/he shall consider the work force needs of the City. (c) Administrative leave may not be accumulated to the next fiscal year. (d) Upon termination or dismissal from employment, employees shall not be granted, and accordingly are not entitled to be paid for administrative leave. (e) Exempt probationary employees are eligible to use administrative leave if granted by the City Manager or his/her designee during their probationary period. (f) Administrative leave may be used for medical appointments, pregnancy disability leave and leaves provided pursuant to the federal and California family and medical leave statutes. SECTION 11 - FAMILY AND MEDICAL LEAVE: (a) All employees who have worked at the City for at least 12 months and a minimum of 1250 hours during the 12 months prior to a request for leave are eligible for an unpaid leave of absence for the following reasons: (1) The birth of a child of the employee and to care for the child. I/ (2) The placement of a child with the employee through adoption or a foster care program. ADOPTED-07/05/94 28 Resol. No. 95-72 Page 7 adoption or a foster care program shall expire 12 months after the birth or placement of the child with the employee. (e) An employee married to another employee at the City is entitled to an aggregate amount of family and medical leave that does not exceed 12 workweeks when added to the family and medical leave taken by the employee's spouse for the purpose of the birth or placement of a child with the employees. '(f) A family or medical leave shall be unpaid, except that an employee may use any accumulated vacation leave, sick leave, compensatory time, administrative leave and wellness leave during the leave provided for in this Section. (g) The City shall maintain group health insurance coverage for an employee (including dependent coverage) while taking family and medical leave at the level and under the conditions coverage would have been provided by the City if the employee had not taken the leave. In the event an employee does not return to work following a family and medical leave, the City reserves the right to recover the premiums or other sums the City paid for group health insurance coverage during the period of the employee's leave, to the extent permitted by applicable law. (h) Except as otherwise permitted by law, all requests for leave shall be in writing, and shall be sent to the City I/ Manager. The request shall include the expected start and end dates of the leave, and the medical certification set forth in subsections (j) or (k) herein. An employee shall provide as much ADOPTED-07/05/94 30 Resol. No. 95-72 Page 8 advance notice of the need for leave as practicable. Generally, when the need for the leave is foreseeable the employee shall provide not less than 3-4 10 days' notice prior to the commencement of the leave. Failure to provide advance notice of the need for leave may be grounds for delaying the start of the leave. (i) Where the employee takes leave for planned medical treatment of a spouse, child or parent, or of the employee, the employee shall consult with the City Manager and make a reasonable effort to schedule the leave so as not to unduly disrupt the operation of the City. (j) The City may require an employee to provide medical certification of the need for a medical leave for the care of a spouse, child or parent with a serious health condition. The certification shall contain, at a minimum, the following information: i. The date on which the serious health condition began; ii. The probable duration of the serious health condition; iii. An estimate of the amount of time that the health care provider believes the employee needs to care for I/ the individual requiring the care; iv. A statement that the serious health condition warrants the participation of a family member to ADOPTED-07/05/94 31 Resol. No. 95-72 Page 9