HomeMy WebLinkAboutORD NO 4903ORDINANCE NO. 4 9 0 3
AN ORDINANCE OF THE CITY OF BAKERSFIELD
AMENDING SECTION 2.84.620 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO LEAVES OF ABSENCE.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 2.84.620 of the Bakersfield Municipal Code is hereby amended to
read as follows:
Chapter 2.84 COMPENSATION
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, providing that all accrued
vacation and compensatory time have been exhausted, 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
recommended by the department head and approved by the city manager.
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 employees 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 by the letters "C" or "D" preceding each class title in the Schedule
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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.
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. Employees released from jury duty
must report for work when practical as determined by his or her supervisor.
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
manager upon recommendation of the department head.
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 one thousand two hundred fifty hours within the previous twelve -month
period for the following purposes:
f. 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 employees own serious illness.
a. 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.
b. 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 eAKFy
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work, school or other regular daily activity or which, if left untreated, would result
in such absence.
C. "Continuing treatment by a 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.
d. Medical verification for the leave period requested is required for
the employee or ill family member.
e. Employees are required to give at least thirty 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.
f. 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
employees 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 period shall be an unpaid leave of absence.
g. 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.
h. Pregnancy disability leave is provided for in subsection F.
i. Employee health benefits shall be maintained under the some
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
employees control.
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j. Any other conditions or interpretations of this leave shall be based
upon the Federal Family and Medical Leave Act and California Family Rights
Act.
k. 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 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. (Ord. 4154 § 1, 2003;
Ord. 3690 § 1, 1995; Ord. 3426 § 2, 3, 1991; Ord. 3037 § 1, 1986; Ord. 2567 § 5,
1980; prior code § 3.18.220)
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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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
JUN 2 8 2017 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
AYES: COUNCIIMEMBER: RIVERA, GONZALES, WEIR, SMITH, Fld[[FI . SULLIVAN, PARLIER
COUNCIIMEMBER: Nme
ABSiA COUNCILMEMBER:
COUNCILMEMBER'. Nary-
APPROVED: JUN 2 8 2017
By: v/
KAR N GOH, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
Cu
CHRISTCPHIPR GERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 3rd day of July— 2017 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4903, passed by the
Bakersfield City Council at a meeting held on the 28th day of June 2017 and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD
AMENDING SECTION 2.84.620 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO LEAVES OF ABSENCE.
S\DOCUMEN RFORMVAOP.ORD..Pd
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
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