HomeMy WebLinkAboutORD NO 4154 4154
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION
2.84.560 and 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 2.84.560 of the Bakersfield Municipal Code is hereby amended to read
as follows:
Section 2.84.560 - Sick leave -- Depletion.
A. Upon depletion of accumulated sick leave, unless leave is taken pursuant
to Section 2.84.620, an employee may apply for medical leave of absence without pay.
B. The department head may recommend and the city manager approve
medical leave of absence without pay not to exceed one hundred eighty days.
C. Any medical leave of absence without pay beyond one hundred eighty
days shall be based upon a department head recommendation and approved by the city
manager.
D. If medical leave of absence or further medical leave of absence is not
granted, and if the employee fails to return to work following notification of such denial,
the employee's service with the city shall be considered terminated.
Section 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 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 employee's pay shall be made
accordingly. Unauthorized leave of absence for more than two consecutive working
-- Page 1 of 5 Pages - - ~.~
ORIGINAL
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 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 city 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.
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 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 Cars--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 lease one thousand two hundred fifty
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 cars. 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.
- - Page 2 of 5 Pages - -
ORIGINAL
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 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.
Medical verification for the leave period requested is required for the employee or ill
family member.
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.
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 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
-- Page 3 of 5 Pages - - ORIGINAL
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 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 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.
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.
.......... ooOoo ..........
S:/COU NCl L\O r ds~2 84.560Amd. LeaveAbs enceF nl DOC
- - Page 4 of 5 Pages - -
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and ado[eted by
the Council of the City of Bakersfield at a regular meeting thereof held on OCT 2~. 2003
by the following vote:
- /AYES:) COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCIL MEMBER
ABSTAIN:COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
CITY CLERK and EX OFFll310 of the
Council of the City of Bakersfield
OCT 22 20O3
APPROVED:
By: - ~ -
HARVEY L. HALL, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
~ ~/BART ~ILTO~N
~City Attorney
BJT:dll
S:\COUNClL\Ords~.84.560Amd,LeaveAbsence FnI.DOC
- - Page 5 of 5 Pages - -
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 28th day of October , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4154 , passed by the
Bakersfield City Council at a meeting held on the 22nd day of October 2003 and
entitled:
AN ORDINANCE AMENDING SECTION 15.84 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
TRANSPORTATION IMPACT FEE
Is~ PAMELA a. McCARTHY
City Clerk of the City of Bakersfield
OR[G1NAL