HomeMy WebLinkAbout11/19/1991 (6) VICE MAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL: November 19, 1991
REFERRED TO: Personnel Committee
ITEM: FAMILY RIGHTS ACT OF 199]
(PROPOSED)
AN ORDINANCE AMENDING SECTION 2.84.560, SUBSECTIONS F, G
AND H OF SECTION 2.84.620, ADDING SUBSECTION I TO SECTION
2.84.620 AND REPEALING SECTIONS 2.84.480 AND 2.84.600 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE AND
OTHER LEAVES OF ABSENCE.
BACKUP MATERIAL ATTACHED: YES
STATUS:
TO COUNCIL COMMITTEE ON
COMMITTEE REPORT NO.
SENT TO COUNCIL ON
PUBLIC HEARING ON
ORDINANCE ADOPTED (DATE)
PROPOSED ORDINANCE CANCELED (DATE)
OTHER
PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED.
cc: City Clerk
City Attorney
REFER91.11
MEMORANDUM
November 6, 1991
TO: J. DALE HAWLEY, CITY MANAGER
FROM: LOUISE T. CLOSS, ASSISTANT CITY ATTORNEY
SUBJECT: FAMILY RIGHTS ACT OF 1991
The Family Rights Act of 1991, Assembly Bill No. 77, makes
certain legislative findings and declarations regarding the need
for family care leave from employment. In order to comply with
said "Act", several Municipal Code Ordinances and Administrative
Rules and Regulations must be changed.
Attached, for your purview, please find the following drafts
that conform with the Family Rights Act of 1991:
1. Ordinance;
~.~/.~ 2. Rule; Maternity and Family Care Leave Administrative
ii ~// 3. Leaves of Absence Administrative Rule;
4. Forms for Requesting Maternity and/or Family Care
~ Leave; and
5. Request for Leave of Absence Form.
The Family Rights Act of 1991 becomes effective January 1,
1992; therefore, if you so desire, it would be advisable to refer
the Ordinance to the Vice-Mayor for committee review as-soon as
possible.
If you have any questions regarding any of the issues
raised, please contact me.
Once again, thank you for your continued cooperation,
courtesy and assistance.
MEMOS\MATRNTY.RLS
cc: LARRY LUNARDINI, City Attorney
MAUREEN COTNER, Personnel Manager
DRAFT
OI~D'rNANCE NO.
2.84.5'60, SUBSECTIONS F, G AND H OF
SECTION 2 . 84. 620 , ADDING SUBSECTION I
TO SECTION 2.84 . 620 AND REPEALING
SECTIONS 2.. 84. 480 AND 2.84. 600 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING
TO SICK T,w.~VE AND OTW~R 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:
2.84. 560 Sick leave - Depletion.
A. Upon depletion of accumulated sick leave, an
employee will be deemed to be on 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 4-~4 ~%- .... ~--~-~ ~ .... ighty day
...... = ........ = ~ one hundred e s.
C. Any medical leave of absence without pay beyond
~- .... ' ~-~"~ ~ .... hundred ighty day
...... = ........... =~ one e s must shall be
approved by the city council.
D If ="-%-~-~ ~ ..... medical leave of absence
further medical leave of absence is, not granted, and if the
employee fails to return to work following notification of such
denialt the employee's service with the city shall be considered
terminated.
SECTION 2.
Subsections F, G and H of Section 2.84.620 of the
Bakersfield, Municipal Code are' hereby amended to read as follows:
2.84. 620 Leaves of absence.
F Maternity - Leave of Absence ~ ....... ~4-~ sick
~- ~ ~ ......... ~ "~-- Any employee disabled due to
. pregnancy, childbirth or related medical cond!tion-~ may use
disability (where available), accrued sick leave, acc~!e~
vacation, other accrued leave (where avai!~hle) or u~?a_id_ m_~4_ic~l
leave of absence for the period during which such disability -
exists, not to exceed six months, ~xcept ~ approv_m4_ by the city
council pursuant to Section 2.84.560.
G. ~ ...... ~" S~ ~CC - ~ ...... ~ ~ ..... r ..... f
"""""""'~"~'--' ~--.j4 ~'"'~''- '"~' '~""-"-'*"'-"..-- .-.,,-,-.. - ,- 0
Family care - Leave of Absence. Accrued vacation,
other accrued leave (where available), or ~_n_paid leave of abs~-~ce
not to exceed four months in any twenty-four month period
be granted to an ~-ployee who has accru__~4_ more th~n one year of
continuous se=vice with the city for the following purposes:
1. Care following the birth or place_m__ent of
biological, adopted, or foster child, a stepc_-h!!d or a legal war~
or child of a person standing in loco pare~tis, where su_ch child
is either under eighteen years of age or ~n adult
child. -
2. Care of a seriously ill biological, adopted or
foster child, a stepchild or a legal ward or child of a person
standing in loco parentis~ where su_ch_ child is either u_n_der
eighteen years of age or an adult depend-n_t child.
3. Care of a biological, foster or adoptive
parent, a stepparent, legal guardian 'or spouse who h~ a serio~-~
health condition.
Leave provided for in this subsection may be taken
in one or more periods, but shall not exce_~4_ a total of four
months within a twenty-four month period from the date the leave
c~muenced.
All leaves of absence without pay shall
requested pursuant to Subsection A of t~ s Section.
Family care leaves of absence may be refu_sed by
city manager when refusal is necessary to prevent ~ndue h~rdsh~
to city operations. '
- 2 -
chaptcr
_ . Community Service - Leave of Absence. Leave of
.aDs?nce wir.~ pay, not to exce~ one full working Oay
:welve-mon~ ~eriod, may be g~t~ an ~loyc: u~n
rec~m~tion of the deponent hca~ an~ ~e a~roval
city manger if such leave is dete~-~-to ~rov-~de a
se~ice and is in the ~st interests o~ ~e city.
SECTION 3.
Subsection I is hereby added to Section 2.84.620 of the
Bakersfield Municipal Code to read as follows:
2.84.620 Leaves of absence.
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.
SECTION 4.
Section 2.84.480 of the BakerSfield M-n.lcipal Co~n
relating to Annual Vacation Leave - T--neco West ~lo¥=~s is
hereby repealed.
-3 -
Section 2.84.600 of the Bakersfield M~icipal Code
relating to Sick Leave - Tenneco West Rm~loyees is hereby
repealed.
SECTION 6.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
o0o
- 4 -
I ~u~¥ CERTIFY that the foregoing Ordinance was
passed and adopted by the CounCil of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MR.~DERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
LEAVES.O-4
11/4/91
- 5 -
DRAFT
MATERNITY AND FAMILY CARE LEAVE
I. STATEMENT
Pregnancy, childbirth or related medical conditions are
treated as a temporary disability, and therefore female
employees may use disability (where available), accrued sick
leave, any other accrued leave or unpaid medical leave of
absence for the period they are disabled.
Any employee who wishes to take additional time for child care
may, subject to approval, take accrued vacation or unpaid
'leave of absence for such purpose.
II. GUIDELINES
1. Any employee who is disabled due to pregnancy, childbirth
or other related medical condition 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. Sick leaVe
and disability, however, may be used Only during a period
of medical disability.
2. A pregnant employee may continue working as long as she
is medically able to do so. If the employee is
temporarily unable to perform her job due to pregnancy,
she shall be treated exactly the same as any other
temporarily disabled employee; for example, by being
provided modified tasks, alternative assignments,
disability or leave without pay.
3. An employee who has been 'absent from work due to
temporary disability as a result of a pregnancy-related
condition, and who subsequently recovers,may return to
work if the disability no longer exists.
4. If any absence from work due to disability exceeds three
days, the employee must, prior to returning to work,
submit to the city a written statement from her physician
that she is Physically able to return to work.
5. Disability and/or siCk leave and/or unpaid medical leave
due to normal pregnancy, childbirth or related medical
conditions 'shall not exceed six weeks. At the end of
said disability, sick leave or unpaid medical leave, the
employee shall provide the city with a.written Statement
from the employee's physician, confirming the length of
disability and releasing the employee for return towork.
MATERNITY AND FAMILY CARE LEAVE
Page 2
6. Disability and/or sick leave or unpaid medical leave
shall not exceed six months, except where approved by
the City Council.
7. Within six weeks of the employee's estimated date of
delivery, she must provide her department head with
notice of the approximate date the disability or sick
leave will start and the estimated duration of the leave.
It is recommended that any requests for family care leave
also be submitted at this time, although.they may be
submitted later.
8. Any employee disabled due to pregnancy, childbirth or
related medical conditions during the month of December
shall be permitted to carry any accrued vacation from
prior years over to the first two months of the following
year. It is the responsibility of the employee, however,
to request deferral of vacation from the department head
and the city manager prior to the first of the year.
9. Any employee wishing to take vacation or unpaid leave of
absence for child care purposes following the birth or
adoption of a child may request family care leave. Such
leave shall be granted in accordance with- Section
2.84.620 of the Bakersfield Municipal Code.
LCM/meg
ADMrRULE\
MATERNIT.DOC
11/4/91
DRAFT
LEAVES OF ABSENCE
I. STATEMENT
For a number of reasons, employees need to be "on leave"
from their normal City duties or stations. An "Employee
Leave of Absence" form must be prepared for each of the
following categories: employee illness, family illness,
bereavement, maternity, family care, business leave with
pay, administrative leave with pay, approved leave without
pay, unapproved leave without pay, suspension, military
leave and industrial accident. This form certifies the
number of calendar days off, working days off, working days
(shifts) included and the reason for the leave of absence.
Business leave, administrative leave,.military leave,
maternity and family care leave are addressed in following
sections (III-1.3.1, III-1.3.2, III-1.3.3, III-1.3.4,
III-1.3.7).
II. PROCEDURES
1. Upon obtaining appropriate signatures, forward all
parts of the "Employee Leave of Absence Form" to the
Personnel Division. When the total number of days is
not known in advance, the departmental office on the
first day of employee absence, will forward to the
Personnel Division copy (green) of the form. The
remaining completed parts of the form shall be
forwarded to the Personnel Division when the employee
returns to work. The Personnel Division original
(white) shall be filed in the employee's personnel
folder in the Personnel Division. The department copy
(blue) and the employee copy (yellow) shall be returned
to the originating department.
2. Each department head shall see that the correct number
of working days, duty shifts, or fraction thereof, with
the symbol for the appropriate leave of absence shall
be recorded on the "Department Time Report" for each~
employee off on'leave. Each entry shall be made on a
daily basis.
3. Leave Without Pay - Employees who are on any type Of
leave without pay for an entire biweekly pay period
shall be required to pay for their own health insurance
coverage if they wish to remain in the city plan.
Employees wishing to continue health insurance coverage
for the above type of leave should contact the
Personnel Division for further information.
LEAVES OF ABSENCE
Page 2
4. Leave of absence without pay is granted to city
employees as set forth in section.2.84.620 of the
Bakersfield Municipal Code.
Unauthorized employee leaves of absence are without
pay. Unauthorized leave for two consecutive working
days shall be considered voluntary resignation from
employment unless employees can demonstrate that such
absence was due to circumstances beyond their control
(Bakersfield Municipal Code, Section 2.72.250(c)).
LCM/meg
AD-RULE\
LEAVES.DOC
11/1/91
- 2 -
AND/OR FAMILY .CARE LEAVE
The attached documents have been prepared to hei~~u
in determining the period of time you will be away fro~ou~ob
~?~_ the ~i~t~ ~f,~ child or for family care leave or ot~npaid
eave re~a~ea to ~ami±y care. The documents include:
1. Explanation of disability leave and standard claim
forms.
2. Administrative rules relating to Maternity Leave,
Family Care Leave and other Leaves of Absence.
3. Sample of letter requesting Maternity Leave,
Family Care Leave and other Leaves of Absence for
family care purposes.
It is your responsibility to:
1. Initiate the preparation and submission of the
necessary documents.
2. Obtain signatures on the "Request for Maternity
Leave and Family Care Leave" form.
3. Determine the dates of absence for your
supervisor.
4. When your physician releases you to return to
work, you will be required to provide a medical
statement ending your Maternity Leave status.
Please refer to the Explanation of Disability
Leave, and the Administrative Rules for Family
Care and other Leaves of Absence for the
procedures for submitting the necessary documents.
If you have any questions, please contact the Personnel
Manager at Ext. 3773.
LCM/meg
ADM-RULE\
MATFORM1.DOC
11/1/91
DRAFT
REQUEST FOR LEAVE OF ABSENCE RELATING TO
l~~I'I~' LEAVE 3a~/OR F~ILY ~ I..~VE
FROM:
DATE:
I hereby request maternity leave, family care leave
and/or other leave of absence related thereto as follows:
I plan to begin my Leave on (approximately)
, with .an approximate return date of
· The following is my plan for using the
various leaves available to'me, on a week-by-week basis, during
this period:
PERIOD TYPE OF LEAVE HOURS
Some of these dates may change depending on my actual
delivery date, and the dates my doctor determines that I am
disabled and I am able to return to work. Please signify your
approval by signing below. Thank you.
EMPLOYEE:
(Date)
DEPARTMENT HEAD:
(Date)
CITY MANAGER:
(Date)
ADM-RULE\
MATFORM2.DOC
.11/4/91
cc: Personnel Department
Finance Department
DRAFT
REQUEST FOR LEAVE OF ABSENCE RELATING TO
l~~I'I~' LF.~VE /~ID/OR F~IILY ~ LEAVE
TO: JANE DOE, Department Head
FROM: ANN ROE, Employee
DATE: January 1, 1992
I hereby request maternity leave, family care leave
and/or other leave of absence related thereto as follows:
I plan to begin my Leave on (approximately) March 2,
1992, with an approximate return date of May 18, 1992. The
folloWing is my plan for using the various leaves available to
me, on a week-by-week basis, during this period:
PERIOD TYPE OF LEAVE HOURS
3/2/92 - 3/6/92 Disability 40
3/9/92 - 3/13/92 Disability 40
3/16/92 - 3/20/92 Disability 40
3/23/92 - 3/27/92 Disability 40
3/30/92 - 4/3/92 Disability 40
4/6/92 - 4/10/92 Disability 40
4/13/92 - 4/20/92 Vacation 40
4/27/92 - 5/1/92 Vacation 40
5/4/92 - 5/8/92 Unpaid Leave of Absence 40
5/11/92 - 5/15/92 Unpaid Leave of Absence 40
Some of these dates may change depending on my actual
delivery date, and the dates my doctor determines that I am
disabled and I'am able to return to work. Please signify your
approval by signing below. Thank you.
EMPLOYEE:
(Date)
DEPARTMENT HEAD:
(Date)
CITY MANAGER:
(Date)
ADM-RULE\
EXAMPLE.DOC
11/4/91
cc: Personnel Department
Finance Department