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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