HomeMy WebLinkAboutORD NO 3690 3t 90
ORDI'N~ICE NO.
~ ORDIN~CE ~ENDZNG SECTION
2.84.620 OF THE BAKERSFIELD
~UNZCZP~.,CODE RELaTiNG TO LF~VE~ OF
~8ENCE
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 2.84.620 of the Bakersfield Municipal Code
related to leaves of absence is hereby amended to read as follows:
2.84.620
Leaves of absence.
A. Leave of Absence Without Pay. Leaves of absence
without pay, up to a period of one hundred eighty calendar days,
may be granted to an employee upon the recommendation of the
department head with the approval of the city manager. No leave of
absence shall be granted to allow an employee to accept other
employment on a trial basis. Leaves of absence for a period of
time longer than one hundred eighty calendar days must be approved
by the city council. Employees on authorized leave of absence
without pay shall not accrue vacation, holiday or sick leave
benefits during such leave. Employees on such leaves for a full
biweekly pay period shall pay for their own health plan insurance.
B. Unauthorized Leave of Absence. 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 for more than two consecutive working days shall result
in automatic termination of employment unless the employee can
demonstrate that such absence was due to circumstances beyond his
control.
C. Military Leave of Absence. Military leave shall be
granted in accordance with the provisions of state and federal
laws. All employees entitled to military leave shall give the
department concerned an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
D. Leaves of Absence With Pay--Designated Personnel.
Employees designated bythe letters "C" or "D" preceding each class
title in the Schedule of Salaries and Related Benefits as adopted
by resolution of the city council may be granted administrative
leave of absence with pay by the department head with the approval
of the city manager. Such leave granted at any one time shall not
exceed one working day for employees designated by the letter "C"
or three working days for employees designated by the letter "D" in
said schedule.
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E. Jury Duty--Leave of Absence. Employees required to
report for jury duty on a scheduled workday shall be granted a
leave of absence from their assigned duties until release by the
court. When on jury duty, such employees shall receive
compensation from the city equal to the difference between their
regular salaries and the amount received from the court for jury
duty service, less mileage. Employees released from jury duty must
report for work as soon as possible the same day.
F. Maternity--Leave of Absence. Any employee disabled
due to pregnancy, childbirth or related medical conditions may use
disability (where available), accrued sick leave, accrued vacation,
other accrued leave (where available) or unpaid medical leave of
absence for the period during which such disability exists, not to
exceed six months except as approved by the city council pursuant
to Section 2.84.560.
An employee requesting maternity leave must provide
thirty days' notice, unless the related medical condition is
unforeseeable, to the department head, as well as the estimated
duration of the maternity leave.
G. Family Care--Leave of Absence. Accrued vacation,
other accrued leave (where available), or unpaid leave of absence
not to exceed twelve weeks in any twelve-month period shall be
granted to an employee who has accrued more than one year of
continuous service with the city and has worked at least 1,250
hours within the previous twelve-month period for the following
purposes:
1. The birth, adoption or serious illness of a
child, including the placement of a child in foster care. An
employee seeking to take a leave for the birth of a child or
placement of a child in adoption or foster care must take the leave
during the twelve-month period immediately following the birth or
placement.
2. The serious illness of a spouse, child or
parent.
3. The employee's own serious illness.
Leave provided for in this subsection may be taken
in one or more periods, but shall not exceed a total of twelve
weeks within a twelve-month period from the date the leave
commenced.
Leave is available only for an illness which
involves either in-patient care or continuing treatment by a health
care provider. Covered conditions include any serious or chronic
health condition involving continuing treatment by a health care
provider and causing more than three days' absence from work,
school or other regular daily activity or which, if left untreated,
would result in such absence.
"Continuing treatment bya health care provider" is
defined as two or more treatments by such provider, or one
treatment followed by a regimen of continuing treatments, such as
physical therapy. This includes being supervised by a health care
provider, without necessarily being actively treated, due to a
serious long-term or chronic condition or disability which cannot
be cured.
Medical verification for the leave period requested
is required for the employee or ill family member.
Employees are required to give at least thirty (30)
days' written notice in the event of a foreseeable leave. In
unexpected or unforeseeable situations, an employee should provide
as much written notice as is practicable.
In granting a leave of absence pursuant to the
Family and Medical Leave Act of 1993 (FMLA), the City requires
employees to utilize all accrued vacation and other accrued leave
(where available) during the twelve weeks of leave. In granting a
leave of absence pursuant to the California Family Rights Act
(FRA), the City requires employees to utilize all accrued vacation
and other accrued leave (where available) during the twelve weeks
of leave for the employee's own serious health condition. However,
the City and the employee may mutually agree to the use of
accumulated leave in the instance of leave under FRA for the birth,
adoption or foster care of a child, or to care for a child, parent
or spouse with a serious health condition. The balance of the
twelve-week leave period shall be an unpaid leave of absence.
Employees retain "employee" status while on family
care leave. The leave does not constitute a break in service for
purposes of longevity, and/or seniority. However, an employee on
unpaid family care leave does not continue to accrue vacation
leave, sick leave or any form of leave based upon hours worked.
Pregnancy disability leave is provided for in
subsection F.
Employee health benefits shall be maintained under
the same conditions as coverage would have been provided if the
employee had been continuously employed during the leave period.
Employees utilizing all accrued vacation and other accrued leave
(where available) during the twelve weeks of leave shall continue
to pay their employee contributions for health benefits. Employer
may recover its premium if employee fails to return from leave for
reasons other than serious health condition or other circumstances
beyond employee's control.
Any other conditions or interpretations of this
leave shall be based upon the Federal Family and Medical Leave Act
and the California Family Rights Act.
All leaves of absence without pay not covered by
this subsection shall be requested pursuant to subsection A.
H. Community Service--Leave of Absence. Leave of
absence with pay, not to exceed one full working day in any twelve-
month period, may be granted to an employee upon the recommendation
of the department head and the approval of the city manager if such
leave is determined to provide a community service and is in the
best interests of the city.
I. Discretion of the city Council. The city council
may, at its discretion, upon good cause shown, grant leaves of
absence other than as provided for in this chapter.
8BCTION 2.
This Ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of its
passage.
.......... o0o ..........
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I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on N0¥ 29 %9~ , by the
following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTr, ROWI. ES, SULLIVAN, SALVAGGIO
~?,,5, AIN: COUNCtLME)vlBER
ABSENT: COUNCILMEMBER /"-~[ C,~ ~'
c'rTY Cl,~..RK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED NOV 2 9 '/~g5
BOB
Mayor of the City of Bakersfield
APPROVED as to form:
City Attorney
5/4/94
7112/94(aga.o~dtn&nce\2-84-620.fln)
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 1st day of December, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3690, passed by the
Bakersfield City Council at a meeting held on the 29th day of
November, 1995, and entitled:
AN ORDINANCE AMENDING SECTION 2.84.620 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO LEAVES
OF ABSENCE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DF3PUTY City C31erkO ~3