HomeMy WebLinkAboutItem 4.07 Fam&MedLeaveAct
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 14, 1994
SUBJECT:
Family and Medical Leave Act (Prepared by: Lou Ann
Riera-Texeira, Assistant to the City Manager)
A. /Resolution Amending Personnel Rules to Include
/ Family and Medical Leave provisions
B.~ Amendment to Resolution Establishing Management
Positions Exempt From Competitive service and
Prescribing Leave Benefits for the Positions to
~ Include Family and Medical Leave provisions
~ECOMMENDATION: Adopt Resolutions
EXHIBITS:
Under the Family and Medical Leave Act, the City is
required to pay the employee's health premium during
the leave. This provision could result in additional
costs to the City. The costs would depend on the amount
of leave taken by employees, and the cost of health
premium payments the City would be required to pay.
DESCRIPTION: In January of 1993, the city of Dublin amended its
Personnel System Rules to conform with the California Family Rights Act,
to provide for Family Care Leave.
FINANCIAL
STATEMENT:
Effective August 5, 1993, the new federal Family and Medical Leave
(FMLA)Act was adopted. Subsequently, the state's Family Rights Act was
amended to conform to the federal law. Consequently, the City must
amend its policy to comply with the FMLA.
Briefly, the major changes that will affect the City of Dublin's
existing policy include the following:
1. An employee is entitled to 12 workweeks of family and medical leave
in any 12-month period. Previously, the policy was "up to four
months in any 24-month period."
2. An employee must have at least 12 months of service with the employer
to be covered and at least 1250 hours of service with the employer
within the previous 12 months. The required 1250 hours of service is
a new provision.
3. The law now permits leave for the following additional circumstances:
a) for the placement of a foster child with an employee; b) for the
care of a person who stood in "loco parentis" which means "in place
of a parent", to an employee; and c) for a worker's mm serious
health condition.
5. The law now requires the employer to pay the employee's health
premiUlll during the leave, but allows the employer to recover the
premiums if the employee does not return from leave for a reason
other than the continuation, recurrence, or onset of a serious health
condition or other circumstances beyond the control of the employee.
6. The law now repeals the provision which allows an employer to deny
leave if the leave creates undue hardship to the employer's
operations. Under the federal Act, highly compensated employees (top
10%) may be denied restoration to their former position if denial is
necessary to prevent substantial and grievous economic injury to the
employer.
In accordance with the FMLA, staff recommends amending the leave
provisions. Staff recommends that the City Council adopt the attached
resolutions (EXhibits A and B) amending both the Personnel System Rules
and the Resolution Establishing Management positions Exempt From
Competitive Service and Prescribing Leave Benefits for the Positions to
conform to the Family and Medical Leave Act.
CITY CLERK
FILE ~
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RESOLUTIOlf NO. ... 94-
A RESOLUTIOIf OF THE CITY COUNCIL OF
THB CITY OF DUBLIN
*******.*.**********
AMElWIRG THE PERSODltt. SYSTEM RULES
WHEREAS, the City Council is authorized to adopt rules for the
administration of the personnel system: and
WHEREAS, the City Council has adopted Resolution 141-90 and
subsequent amendments establishing Personnel System Rules; and
WHEREAS, the objectives of these rules are to facilitate efficient
and economical services to the public and to provide for an equitable
system of personnel management in municipal government; and
WHEREAS, effective August 5, 1993, Congress passed and the
President signed the federal Family and Medical Leave Act. Subsequently
the State of California enacted AB 1460 (Moore), which conforms to the
new federal law.
WHEREAS, the proposed amendment to the Personnel System Rules is
intended to comply with the Family and Medical Leave Act provisions.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Dublin hereby amends Resolution 141-90 and subsequent resolutions as
follows:
RULE XVII . LEAVE
Section 17. "Family and Medical Leave": In accordance with the federal
Family and Medical Leave Act, the City Manager may, in his/her
discretion, grant up to 12 workweeks (including both paid and unpaid
leave) family and medical leave in a 12-month period. Family and
medical leave would include leave by a male or female employee for the
birth or adoption of a child; for the placement of a foster child with
an employee; for a serious illness of a child, parent or spouse; or for
a worker's ~ serious health condition.
Employees eligible for Family and Medical Leave must have at least 12
months of service with the employer to be covered and at least 1250
hours of service with the employer within the previous 12 months.
Employees shall provide reasonable notice to the City Manager if the
leave is foreseeable, indicating the date the leave shall commence and
the estimated duration. During a family and medical leave period, the
employee will retain employee status with the City; the leave shall not
constitute a break in service: and the employee shall be eligible to
receive all other employment benefits to the same extent and under the
same conditions as apply to leave without pay in general. With regard to
health insurance, during the family and medical leave period, the City
shall maintain any pre-existing health coverage. The City reserves the
right to recover the premiums if the employee does not return from leave
for a reason other than the continuation, recurrence, or onset of a
serious health condition or other circumstances beyond the control of
the employee.
t ~h, bt4 A-
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Employees are required to utilize any accrued General Leave prior to
going on leave without pay. If mutually agreed to by the city and the
employee, sick leave may also be used for Family and Medical Leave
purposes. Total leave shall not exceed 12 workweeks in a 12-month
period.
The City Manager may refuse to grant Family and Medical Leave only under
the terms and conditions provided for under the existing law.
PASSED, APPROVED and ADOPTED this 14th day of February, 1994.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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'RESOLUTION NO. - 94
A RESOLUTION OJ! TIll CITY COUNCIL OF
THE CITY 01" DUBLIN
********************
AHDDIRG RESOLUTION NO. 142-90 ESTABLISHIlfG !WlAGEMEH'l' POSITIONS
EXBMPl' FROM COMPB'l'ITIVE SERVICE AND PRESCRIBUG
LEAVE BDBPITS !'OR TUB POSITIONS
WHEREAS, The city council has adopted a Personnel Ordinance; and
WHEREAS, Section 4(e) of the Ordinance exempts Department Heads
and other Management positions from the competitive Service; and
WHEREAS, the exemption from competitive service also exempts these
employees from the Personnel Rules, including the description of leave
benefits; and
WHEREAS, the City Council adopted resolution No. 142-90 and
subsequent resolutions which establish management positions and
prescribe leave benefits for those positions; and
WHEREAS, effective August 5, 1993, Congress passed and the
President signed the federal Family and Medical Leave Act.
Subsequently the State of California enacted AB 1460 (Moore), which
conforms to the new federal law.
WHEREAS, the proposed amendment to Resolution No. 142-90 and
subsequent Resolutions is intended to comply with the Family and Medical
Leave Act provisions.
NOW, THEREFORE BE IT RESOLVED that the city Council of the city of
Dublin hereby amends Resolution 142-90 and subsequent ReSOlutions as
follows:
Section 19. "Family ~nd Medic~l Leave": In accordance with the federal
Family and Medical Leave Act, the city Manager may, in his/her
discretion, grant up to 12 workweeks (including both paid and unpaid
leave) family and medical leave in a 12-month period. Family and
medical leave would include leave by a male or female employee for the
birth or adoption of a child; for the placement of a foster child with
an employee: for a serious illness of a child, parent or spouse; or for
a worker's 2Wn serious health condition.
Employees eligible for Family and Medical Leave must have at least 12
months of service with the employer to be covered and at least 1250
hours of service with the employer within the previous 12 months.
Employees shall provide reasonable notice to the city Manager if the
leave is foreseeable, indicating the date the leave shall commence and
the estimated duration. During a family and medical leave period, the
employee will retain employee status with the city; the leave shall not
constitute a break in service; and the employee shall be eligible to
receive all other employment benefits to the same extent and under the
same conditions as apply to leave without pay in general. with regard to
health insurance, during the family and medical leave period, the City
shall maintain any pre-existing health coverage. The City reserves the
right to recover the premiums if the employee does not return from leave
for a reason other than the continuation, recurrence, or onset of a
serious health condition or other circumstances beyond the control of
the elnployee. ({-LA/h'1- 8
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Employees are required to utilize any accrued General Leave prior to
going on leave without pay. If mutually agreed to by the City and the
employee, sick leave may also be used for Family and Medical Leave
purposes. Total leave shall not exceed 12 workweeks in a 12-month
period.
The City Manager may refuse to grant Family and Medical Leave only
under the terms and conditions provided for under the existing law.
PASSED, APPROVED and ADOPTED this 14th day of
1994.
AYES:
NOES:
ABSENT :
ABSTAIN:
Mayor
ATTEST:
City Clerk