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HomeMy WebLinkAbout11/25/1991 BAKERSFIELD Patdcia J. DeMond, Chair Lynn Edwards Mark Salvaggio AGENDA PERSONNEL COMMITTEE Monday, November 25, 1991 4:15 p.m. City Manager's Conference Room 1. Ordinance: Sick Leave and Other Leaves of Absence 2. Section 125: Pre-tax Contributions for Insurance Premiums, Unreimbursed Medical Expenses and Child Care 3. 1992 Employee Benefits - Update A. Health Care B. Prepaid Dental Care C. P.E.R.S. Miscellaneous 2% @ 55 Retirement 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; ~. · .~,.~F~ 2. Rule; Maternity and Family Care Leave Administrative '_~'~N+~ ~,\,,~0J 3. Leaves of Absence Administrative Rule; ~ \\/','.~LL 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 ORDINANCE NO. 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 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 ~ .... ~-~ ~ .... hundr iqhty day ...... ~ ........... ~ one ed e s. C. Any medical leave of absence without pay beyond ...... = ........... =~ one hundred eighty days must shall be approved by the city council. D. If furthcr icavc 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 s~eh denial~ 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. Acc"-T. ulatcd sick ~ ~'~ ~ .........~ ~ ~ ~- Any employee disabled due to · pregnancy, childbirth or related medical conditions may use disability (where available), accrued sick leave, accrued vacationr other accrued leave (where available) or unpaid me~i_cal leave of absence for the period during which such disability existsr not to exceed six months, except as. a~Droved by the city council pursuant to Section 2.84.560. Family care - Leave of Absence. Accrued vacation, other accrued leave (where available), or unpaid leave of absence not to exceed four months in any twenty-four month period shall be granted to an employee who has accrued more than one year of continuous service with the city for the following DurDoses: 1. Care following the birth or placement of a biological, adopted, or foster child, a stepchild or a legal ward or child of a person standing in loco parentis, where such child is either under eighteen years of age or an adult dependent 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 such child is either under eighteen years of age or an adult dependent child. 3. Care of a biological, foster or adoptive parent, a stepparent, legal ~uardian or spouse who has a serious health condition. Leave provided for in this subsection may be taken in one or more periods, but shall not exceed a total of four 'months within a twenty-four month period from the date the leave commenced. All leaves of absence without pay shall be. requested ~ursuant to Subsection A of this Section. Family care leaves of absence may be refused by the city manager when refusal is necessary to prevent undue hardship. to city operations. - 2 - - --', -~-" = ................ , gra..t cavan of ~ . C~ity Se~ice - Leave of ~s,~e. L-~ve sence wi~ pay~ not to exce~ one full working day twelve-mon~ period, may be grant~ an ~loycc u~n rec~~tion of the deponent head an~ ehe a~rovai-~f city manger if such leave is dete~in~ to provide a service and is in the ~st interests of ~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. '~ ...... '" ...... '""'"~'~:=~-==------"-----rr. Section 2.84.480 of the Bakersfield Mnn~cipa! Code relating to Annual Vacation Leave - Te-~eco West ~m~lo~ccs ~.~ hereby repealed. - 3 - SECTION 5~ Section 2.84. 600 of the Bakersfield relating to Sick Leave - Tenneco West I~rployees 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 HE~Y 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. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LA~CE 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. DisabiIity 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 to work. MATEP/tITY 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 durationof 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 ADM-RULE\ 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 ii/i/9i DRAFT FORMS FOR REQUESTING MATERNITY 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~you~ob for the birth of a·child or 'for family care leave or ot~unpaid leave related to family 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 Materni{y 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 AI~/OR F~a~IILY ~ L2,~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 MATERNITY LEAVE AND/OR FAMILY CARE 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 City of Bakersfield Personnel Committee November 25, 1991 Sec 125 Proposal Summaries PEN-COMP Premium pass through ........................ $1.00 Child care and/or Medical... ................ $2.50 Customized plan document ..... · ............. $150.00 (one-time charge) Customized employee book .................... $1.50 (per employee) Employee Education .................. ~ ..... $100..00 (after 1st of year) (per meeting) Annual Charge ............................. $450.00 Checks issued weekly .. Excess funds'reimbursed to employer Quarterly statements CLIFFORD-BRADFORD (IBA) Flat fee per employee ............ · ......... $7.00 No charge for report customization Set-up charge .......................... $5,500.00 Check charge ............................... $2.00 (in excess of 4 for medical) Checks issued monthly IBA holds plan assets Annual statements (plus account info with all checks) WESTERN STATES Premium pass through ....................... $1.50 Child care and/or medical .................. $4.50 Set up for plan documents .............. $1,000.00 Customized documents ................... $5,000.00 Employee education ...... ................ ...$75.00\hr. + expenses Process requests daily Quarterly reports and statements COLONIAL PENN Premium pass through ....................... $.50 ' Child care reimbursement .................. $2.25 Medical reimbursement ..................... $2.25 (no' to exceed $4.00 per month) Cost to mail to employee home ............. $8.00 (yearly) No enrollment charge No charge for 5500 filing One-on-one counseling for employees Checks issued twice monthly Quarterly statements CP would have opportunity t© aqgressively market their products., (securities, life insurance) to employees, in return for providing 125 Administration. ARARAT Premium pass through ....................... $.50 Child care and/or medical ................. $5.00 Customized plan documents ............... $350.00 Set up charge ........... .............. $7,700.00 5500 Filing ..................... . ........ $100.00 Enrollment charge ....................... $110.00 (after 1st of year) (on enrollment day) Check turnaround: 48 hours Quarterly statements ARARAT holds assets, or can process through a City trust account ALLIANCE BROKERS (Choice Account)/EBP' Premium pass. through ...................... $1.70 Flat charge/emp ........................... $6.00 (plus $200 per month) Start up fees ........................ $15,900.00 Employee education materials ............ $100.00/hr. + expenses No charge for 5500 Checks issued monthly Assets held by Security Pacific Bank/Anaheim Monthly statements (only one comparable employer) AFLAC (FlexOne) premium~conversion (no charge) Child care ........................... '-..;..$1.75 Medical care .............................. $1.75' Set up fee .............................. $100.00 No charge for new employee enrollment Unspecified charge for claims processing Checks issued monthly, weekly, bi-weekly Include options to purchase AFLAC coverage (require that at least three employees enroll) Quarterly statements (account info on checks) Funds held by City or Georgia .banks, or AFLAC: excess funds reimbursed to employee TOTAL BENEFIT SERVICES Premium pass through ................... '...$1.50 Child care plus medical, plus premium ...... $4.00 Charge for revising Plan Documents ..... $500/$900 Enrollment meetings ....................... $65.00/hr. No charge for annual government filing Checks issued weekly No per check charge Reimbursement requests sent directly to TBS Assets held by the City Statements issued quarterly FORM\PROPOSAL.SUM