CC RES 1995-073RESOLUTION NO. 95 -73
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES AMENDING
RESOLUTION NO 94 -57 TO ADOPT REVISIONS TO
THE MANAGEMENT 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 Management 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 "B" of Resolution No. 94 -57 is hereby amended as follows:
Section 1: Section 1(d) of Rule V is amended to read as
follows: '!(d) 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 2. Section 2 of Rule V is amended to add the
following subsection: "(d) 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 3: Section 4(a) of Rule V 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 4(b) of Rule V is amended to read as
follows: "A maximum of one day of wellness leave may be accrued."
Section 5: Section 4(d) of Rule V 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 8(f) of Rule V 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 8(i) of Rule V 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 (30) consecutive calendar days of
unpaid leave taken."
Section 8: Section 10 (a) (5) of Rule V is amended to read as
follows : " (5) The day after the f ourth Thursday in November. "
Section 9: Section 11 (h) of Rule V 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.
s�
Mayo
Resolution No, 95 -73
Page 2
ATTEST:
�' City Clerk
J1
I
Sta . 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 -73 was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on July 18, 19950
City C1erX
City of RA cho Palos Verdes
Resol, No, 95 -73
Page 3
EXHIBIT "B" AMENDMENTS TO MANAGEMENT
EMPLOYEE PERSONNEL RULES (RES. NO . 9 5 - 7 1)
SECTION 1 - VACATION LEAVE:
(a) Employees are entitled to accrue paid vacation leave
under the following schedule:
Length of Continuous Employment Vacation Accrual Rates
Beginning of 1st month through 2 years 6.67 hours per month
Beginning of 3rd year through 5 years 8 hours per month
Beginning of 6th year through 15 years 10 hours per month
Beginning of 16th year and more 8 additional hours
per year for each
year of service up
to a maximum of 160
hours
(b) Vacation leave may be accumulated to a maximum of
two year's worth of accrued vacation leave. Once an employee
reaches the maximum vacation leave which may be accumulated, the
employee shall cease to accrue any further vacation leave until the
amount accumulated falls below the maximum.
(c) The scheduling of vacation leaves must be approved by
the City Manager. Employees shall submit a written request to
schedule vacation leave to the City Manager within a reasonable
amount of time prior to the desired date and shall be granted in
accordance with the work force needs of the City.
(d) Employees will have the option to be paid for
vacation leave time that exceeds the maximum,
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.
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(e) Employees shall not be granted, and accordingly are
not entitled to take vacation leave in advance of its accrual.
(f) Upon termination from employment, employees shall be
paid for accumulated vacation leave up to a maximum amount which
may be accumulated} by these Rules.
(g) Vacation 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 2 - ADMINISTRATIVE LEAVE: In addition to an
employee's earned vacation leave, each employee covered by these
Rules may be granted up to seven (7) administrative leave days per
fiscal year at the sole discretion of the City Manager.
(a) The scheduling of administrative leave must be
approved by the City Manager. Employees shall submit a written
request to schedule administrative leave to the City Manager within
a reasonable amount of time prior to the desired date. In the
exercise of the City Manager's discretion, s /he will consider the
work force needs of the City.
(b) Administrative leave may not be accumulated to the
next fiscal year.
(c) Upon termination from employment, employees shall
not be granted, and accordingly are not entitled to be paid for
administrative leave.
(d) Administrative leave may be used for medical
agRointments r vregnancy disability leave and leaves royided
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Resol. No. 95 -73
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pursuant to the federal and California family and medical leave
SECTION 3 - SICK LEAVE:
I (a) Employees earn paid sick leave at the rate of eight
(8) hours for each full calendar month of continuous employment
with the City including time served in probationary status.
(b) Unused sick leave may be accumulated to a maximum of
seven hundred and twenty (720) hours.
(c) In order to receive paid sick leave, an employee must
notify the City Manager at the earliest possible time, generally
before 8:30 a . m . Such notice shall provide the fact and the reason
for the leave. Failure to provide reasonable notice will be cause
for denial of sick leave with pay for the period of the absence,
Written verification of the cause of absence may be required by the
City Manager.
(d) Employees shall not be granted, and accordingly are
not entitled to take paid sick leave in advance of its accrual.
(e) Employees who use more than five (5) consecutive sick
days shall be required to furnish a physician's certificate stating
that the employee is able to safely return to work. The City
reserves the right to choose the physician who shall provide the
certification.
(f) Upon termination or dismissal from employment,
employees shall not be granted, and accordingly are not entitled to
be paid for accrued sick leave.
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EXHIBIT "B" RESOL. NO. 95 -73
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(g) Sick leave may be used for medical appointments,
pregnancy disability leave and leaves provided pursuant to the
federal and California family and medical leave statutes and to
care for an employee's or spouse's children due to illness.
(h) This section shall be interpreted and applied in a
manner consistent with applicable federal and California law.
SECTION 4 - WELLNESS LEAVE: (a) Employees and
probationary employees are eligible to earn one half
dav of paid leave for ten (10) consecutive weeks of perfect
attendance without using any sick leave time. Prospectively the
ten (10) week period shall be calculated from June 2, 1991.
(b) A maximum of 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 5 - BEREAVEMENT LEAVE: Compensated Bereavement
Leave is not considered to be accrued leave which an employee may
use at his /her discretion, but is granted by reason of death of a
member of the employee's immediate family, consisting of an
employee's spouse and employee's and /or spouse's child, parent,
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(b) All requests f or pregnancy disability 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 certifications required by this section.
(c) An employee shall provide as much advance notice of
the need for pregnancy disability leave as practicable. Generally,
the employee shall provide at least 30 days' advance notice.
(d) An employee requesting a pregnancy disability leave
may be required to provide the City Manager with a certif ication
from a health care provider that the employee is disabled by
pregnancy, childbirth or related medical condition.
(e) Prior to returning to work an employee who took a
pregnancy disability leave must provide the City Manager with a
certification from a health care provider that the employee's
disability has ceased and the employee is able to return to work.
(f ) A pregnancy disability leave of absence shall not be
construed as a break in service or employment. ,
s
(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 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 shall be reinstated to her
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original job. If the 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 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
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 (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 had not taken the leave. In the event an 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
1
manner consistent with applicable federal and California law.
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SECTION 9 - MILITARY LEAVE: Military leave shall be
granted in accordance with applicable California and federal law.
SECTION 10 - PAID HOLIDAY LEAVE: (a) Subject to the
restrictions described below, employees will receive paid leave
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 of ter the f ourth Fr,- .A..,ay 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) 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.
(c) In order to be eligible for holiday pay, an employee
must work the last scheduled workday before and the first scheduled
workday after the holiday, unless the employee is taking approved
paid leave.
(d) If a holiday falls during an employee's approved
vacation period, the employee will be paid for the holiday and will
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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
employee is 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
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 -3-G 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.
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