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RPVCCA_CC_SR_2015_06_30_M_Paid_Sick_Leave_Policy_Part-Time_EmployeesCITY OF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR &CITY COUNCIL MEMBERS FROM: SEAN M. ROBINSON, HUMAN RESOURCES MANAGER DATE: JUNE 30, 2015 SUBJECT: PAID SICK LEAVE POLICY FOR PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES REVIEWED: DOUG WILLMORE, CITY MANAGER® -tor V:M RECOMMENDATION Adopt Resolution No. 2015-, approving a paid sick leave policy for part-time, temporary, and seasonal employees, pursuant to AB 1522 — the Healthy Workplaces, Healthy Families Act of 2014. The Policy would be effective July 1, 2015. BACKGROUND On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) that provides three (3) days of paid sick leave for eligible employees beginning July 1, 2015. Effective January 1, 2015 employers were required to post information about AB 1522, but the paid sick leave provisions do not go into effect until July 1, 2015. DISCUSSION AB 1522 sets forth the conditions and purposes for which paid sick leave is to be paid. AB 1522 allows the employer to choose between two accrual methods and sets a minimum usage increment for paid sick leave that does not exceed two (2) hours. An employee who, on or after July 1, 2015, works for 30 or more days within a year, is entitled to paid sick leave. Employees, including part-time, temporary, and seasonal employees, must earn at least one hour of paid leave for every 30 hours worked. Accrual begins on the first day of employment or after July 1, 2015, whichever is later. 1 Paid Sick Leave Policy For Part -Time, June 30, 2015 Page 2 of 2 Temporary, And Seasonal Employees City part-time, temporary, and seasonal employees are not covered by any collective bargaining agreement, benefits resolution, or any other benefits policy. As such, these employees are subject to the provisions of AB 1522. All other employees of the City are covered under a collective bargaining unit or a benefits resolution that meets or exceeds the minimum requirements for AB 1522 paid sick leave and are, therefore, not subject to AB 1522. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City. An employee is only allowed to use up to a maximum of 3 days or 24 hours of paid sick leave, whichever is greater, in a 12 -month period. The employee can only accrue paid sick leave up to a cap of six (6) days or 48 hours, whichever is greater, on an ongoing basis. Sick leave does not accrue once the cap is reached, but accrual begins again when accrued sick leave drops below the cap. Any unused accrued paid sick leave, below the six (6) day cap, carries over year to year while continuously employed. If an employee separates from City employment and is re -hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated. However, if a re -hired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used. As with the City's sick leave policy for full-time employees, part-time, temporary, and seasonal employee sick leave accruals are surrendered upon separation from the agency, and are not paid out as a peripheral cash benefit. FISCAL IMPACT The financial impact of implementing AB 1522 is unknown at this time; however any additional costs would be limited to covering services performed by part-time staff during sick leave absences. Attachments: • Resolution No. 2015- XX (Page 3) • Administrative Instruction Number 2-27, Part-time, Seasonal and Temporary Employee Sick Leave (Page 5) 2 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A PAID SICK LEAVE POLICY PURSUANT TO AB 1522 FOR PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES, AND ESTABLISHING THE DEFINED ACCRUAL METHOD AND MINIMUM PAID SICK LEAVE USAGE INCREMENT WHEREAS, on September 10, 2014, the Governor of the State of California signed the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) providing paid sick leave for covered employees effective July 1, 2015; and WHEREAS, the AB 1522 paid sick leave provisions are to take effect July 1, 2015; and WHEREAS, the City of Rancho Palos Verdes is required to establish a paid sick leave policy pursuant to AB 1522 for part-time, temporary, and seasonal employees; and WHEREAS, part-time, temporary, and seasonal employees are not covered by any existing collective bargaining agreement, benefits resolution, or any other City benefits policy; and WHEREAS, AB 1522 allows the City to establish the accrual method and the minimum usage increment for paid sick leave; and WHEREAS, AB 1522 provides that City employees who work 30 or more days a year are entitled to paid sick leave to be accrued at a rate of no less than one hour for every 30 hours worked; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: The administrative policy, which is attached hereto as Exhibit A and incorporated herein by this reference, establishing the City of Rancho Palos Verdes Sick Leave Policy for Part -Time, Temporary, and Seasonal Employees is hereby adopted by the City Council. 9 PASSED, APPROVED and ADOPTED this 30th day of June 2015. Attest: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES I, Carla Morreale, City Clerk certify that the above Resolution No adopted by the said City Council at 2015. Mayor of the City of Rancho Palos Verdes, hereby 2015- was duly and regularly passed and a regular meeting thereof held on June 30, City Clerk 11 CITY OF RANCHO PALOS VERDES ADMINISTRATIVE INSTRUCTION NUMBER 2-27 SUBJECT: PART-TIME, SEASONAL, & TEMPORARY EMPLOYEE SICK LEAVE I. Background / Purpose The City of Rancho Palos Verdes (hereinafter referred to as "CITY") has implemented a sick leave policy pursuant to AB 1522 (the Healthy Workplaces, Healthy Families Act) in order to provide paid sick leave to part-time, seasonal, and temporary employees. On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) that provides three (3) days of paid sick leave for eligible employees beginning July 1, 2015. Effective January 1, 2015, this policy required employers to post information about AB 1522, but the paid sick leave provisions were not in effect until July 1, 2015. AB 1522 sets forth the conditions and purposes for which paid sick leave is to be paid. AB 1522 allows the employer to choose between two accrual methods, and sets a minimum usage increment for paid sick leave that does not exceed two (2) hours. II. Procedure / Policy An employee who, on or after July 1, 2015, works for 30 or more days within a year, is entitled to paid sick leave. Employees, including part-time, temporary, and seasonal employees, must earn at least one hour of paid leave for every 30 hours worked. Accrual begins on the first day of employment or after July 1, 2015, whichever is later. Effective July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) requires the City of Rancho Palos Verdes to provide paid sick leave to employees under the following conditions: ■ An employee begins to accrue paid sick leave at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked beginning on the first day of employment. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City. An employee is only allowed to use up to a maximum of 3 days or 24 hours, whichever is greater, of paid sick leave in a 12 -month period. ■ An employee can only accrue paid sick leave up to a cap of 6 days or 48 hours, 5 whichever is greater, ongoing. Sick leave does not accrue once the cap is reached, but accrual begins again when accrued sick leave drops below the cap. Any unused accrued paid sick leave carries over year to year while continuously employed. An employee may use the first 3 days or 24 hours of accrued paid sick leave in a 12 -month period for one of the following reasons: o For the employee's own diagnosis, care, or treatment of an existing health condition or preventative care. o For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee's family member, including: o Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.) o Spouse or Registered Domestic Partner o Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.) o Grandparent o Grandchild. o Sibling. To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services: o A temporary restraining order or restraining order. o Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. o To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. o To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. o To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. o To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor's appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable. • An employee who uses paid sick leave must do so with a minimum increment of one (1) hour of sick leave. Paid sick leave will not be considered hours worked for purposes of overtime calculation. Al • W An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the Agency. If an employee separates from the City of Rancho Palos Verdes employment and is re -hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used. Coverage This policy applies to all City Part -Time, Temporary, and Seasonal Employees. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City. An employee is only allowed to use up to a maximum of 3 days or 24 hours of paid sick leave, whichever is greater, in a 12 - month period. The employee can only accrue paid sick leave up to a cap of six (6) days or 48 hours, whichever is greater, ongoing. Sick leave does not accrue once the cap is reached, but accrual begins again when accrued sick leave drops below the cap. Any unused accrued paid sick leave carries over year to year while continuously employed. If an employee separates from City employment and is re -hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated. However, if a re -hired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used. Additional Information Information regarding the City's policy on the use of sick leave is distributed to all part-time, temporary, and seasonal employees, and all employees may obtain a copy of this policy at any time from their supervisors. Inquiries regarding the application of this policy may be directed to employee's supervisor, department head, or human resources. 7 CITY OF RANCHO PALOS VERDES EMPLOYEE AGREEMENT FOR USE OF SICK LEAVE By signing this agreement, I certify that I understand the terms and conditions of this agreement and the City's policy, and I accept responsibility for adhering to the agreement and the City's policy. I also understand that violations of the policy may result in disciplinary action as provided for in the City's Personnel Rules, up to and including termination. Employee Full Name: Employee Signature: Date: