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HomeMy WebLinkAboutReso 202-08 Mgmnt Exempt Competitive ServRESOLUTION N0.202 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AND PRESCRIBING LEAVE BENEFITS FOR THE DESIGNATED POSITIONS WHEREAS, Section 2.20.040.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 City's Personnel System Rules, including the description of leave benefits; and WHEREAS, the City Council has adopted Resolution 142-90 and subsequent amendments which establish Management positions and prescribes leave benefits for these positions; and WHEREAS, due to changes in the City's leave policy, it is appropriate to rescind Resolution 142- 90 and establish a new policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, in accordance with the Ordinance Establishing a Personnel System, designates the positions identified below as exempt from competitive service and will serve at the pleasure of the City Manager, excepted as noted in Section 2.20.040 of the Ordinance (Personnel System). A. The Department Head and Management Employees shall include: 1. Administrative Services Director/Director of Finance 2. Assistant City Manager 3. Assistant Director of Parks & Community Services 4. Assistant to the City Manager 5. Building Official 6. City Clerk 7. City Engineer 8. Comrr~unity Development Director 9. Economic Development Director 10. Finance Manager 11. Heritage & Cultural Arts Manager 12. Human Resources Director 13. Information Systems Manager 14. Parks & Community Services Director 15. Parks & Community Services Manager 16. Parks & Facilities Development Manager 17. Planning Director 18. Planning Manager 19. Public Works Director/Assistant City Engineer 20. Public Works Manager B. The following leave benefits shall be provided to employees identified above: Section 1. "Purpose" A. General Leave: A General Leave Plan shall be established for all employees regularly scheduled to work more than 1,040 hours on an annual basis, in lieu of traditional vacationleave, sick leave, etc. General leave may be used for any leave purpose; however, the following sections shall govern its use. Employees who terminate employment shall be Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 1 of 10 cashed out of their accrued but unused general leave at the employee's hourly rate at the time of separation from City service. B. Sick Leave: Sick leave shall not be considered as a right which may be used at an employee's discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, in accordance with this resolution. Section 2. "General Leave Cate og ries": There shall be two categories of general leave as outlined below: A. Scheduled Leave: Any leave which one can reasonably forecast or anticipate, i.e., vacation leave, scheduled medical/dental appointments, extended weekends, personal leave, etc. B. Unscheduled Leave: Any leave that is genuinely of an unanticipated nature (i.e. leave due to illness), etc. Section 3. "Use of General Leave": Scheduled Leave requires the approval of the City Manager or designee prior to the absence. A request for scheduled leave should be submitted on a form designated by the City Manager. The employee shall be given due regard in selecting a convenient period to take scheduled leave, provided it is not in direct conflict with the best interest of the City. Every effort should be made to submit requests two weeks prior to the requested leave. The use of unscheduled leave shall be reported on a form and in a manner designated by the City Manager. Inappropriate or excessive use of unscheduled leave may be grounds for disciplinary action. Section 4. "General Leave Accrual": The amount of general leave accrued shall be as denoted below, except that the City manager shall be granted authority to assign general leave accrual rates for appointed employees covered under this Resolution outside of the denoted length of service: Management Employees: Management employees shall accrue general leave for each biweekly period of service, based on the years of service with the City. If an employee begins their service on any date other than the first working day of a biweekly pay period, the amount of general leave earned in that period shall be proportionate to the number of days worked. The accrual of leave shall begin on the first day of service. The accrual shall be in accordance with the following schedule: Length of Service Beginning with the first month of service through the fifth year (60th month) Following the fifth year through the tenth year (61st month - 120th month) Following the tenth year throu~h the fifteenth year (121 s month -180' month) Following the fifteenth year (181st month) Leave Accrued Each Leave Accrued BiweeklYPeriod Each Year 7.39 hours 24 days 8.31 hours 27 days 8.92 hours 29 days 9.54 Hours 31 days Section 5. "General Leave Maximum Accrual": No management employee shall accrue more than 360 hours of general leave. When an employee's unused leave balance reaches this limit, such employees shall no longer accrue general leave until the balance falls below the maximum accrual limit. Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 2 of 10 Section 6. "Sick Leave Accrual": When a management employee has reached the maximum accrual stated in Section 5 above, the employee shall accrue Sick Leave at the rate provided for General Leave in Section 4. Sick Leave shall only be earned for such time as the employee is ineligible to accrue General Leave due to the maximum accrual limit. Section 7. "Sick Leave Maximum Accrual": No management employee shall accrue more than 360 hours of sick leave. When an employee's unused sick leave balance reaches this limit, the employee shall no longer be eligible to earn sick leave. Section 8. "Use of Sick Leave Hours": Use of sick leave hours shall not be considered as a right which may be used at an employee's discretion, but shall be allowed only in case of necessity. Designated Management employees shall only be eligible to use the sick leave hours in the following instances: A. Sick leave hours may be used for an employee's illness or injury when the illness/injury prevents the employee from working. Leave exceeding five days may require a doctor's certificate indicating that the employee was unable to work. The doctor may also be required to specify whether the employee can return to work with or without restrictions. B. An employee's dental, eye, or other physical or medical examination or treatment by a licensed practitioner. C. For family medical purposes when a member of the employee's immediate family is involved. This shall include the family member's illness, accident, medical appointments, or other related occurrences. Section 9. "General Leave Advance": If, during the first twelve (12) months of employment, a management employee exhausts all leave accrued, the City Manager may advance the employee up to forty (40) hours of general leave. An advance shall only be provided when it is in the best interest of the City and the following conditions are met: A. The request is in writing, stating the reason for the advance; B. The employee states the date of the anticipated return; C. The advance of leave is part of a hiring process approved by the City Manager. Any leave that is advanced will be deducted from future accruals. If an employee terminates employment prior to repayment of the advanced leave, the employee is required to reimburse the City for paid salary and benefits which were not earned by the employee. Section 10. "Compensation for General Leave at Termination": Management employees separating from the City service who has accrued general leave shall be entitled to pay of such general leave. When separation is caused by death of any employee, payment shall be made to the spouse or the estate of such employee, or in applicable cases, as provided by the Probate Code of the State. General leave will be paid at the employee's current hourly rate at time of termination, for any unused general leave. Section 11. "No Compensation for Sick Leave at Termination": Management employees separating from the City service who has unused sick leave hours will not be compensated for any such sick leave hours remaining at the time of termination. Section 12. "Military Leave": Military Leave shall be granted in accordance with the provisions of state and federal law. In addition, in compliance with California Military & Veterans Code section 395.10, the City shall provide to a spouse or domestic partner of a member of the Armed Forces, National Guard, or Reserves up to 10 days unpaid leave during a qualified leave period when the employee's spouse or domestic partner is home on leave from a period of military conflict. Management employees must make specific requests for such leave and provide information to the City necessary for the City to determine that such leave is warranted, pursuant to Military & Veterans Code section 395.10. Employees Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 3 of 10 using leave pursuant to this section are required to use any accrued paid leaves (such as general leave) concurrently with such unpaid leave. Section 13. "Jury Duty Leave": Management employees summoned by state or federal court to jury duty shall be entitled to full pay during the period of jury service. Employees must keep the City Manager or designee informed of their court schedule, and shall provide proof of jury service to the City with their timesheet. Employees shall pay any fees received for jury service to the City, except for mileage reimbursement. Jury Duty Leave does not count towards hours worked for purposes of calculating overtime. Section 14. "Leave of Absence Without Pay": The City in its discretion may permit management employees to be on leave without pay (LWOP) not to exceed 90 days. An extension of any leave of absence without pay beyond 90 days may be granted upon approval of the City Council when such extension of leave is in the best interest of the City. Employees in such status do not accrue vacation or other benefits, or receive service credit and may be required to pay for portions or all health and welfare benefits/premiums during the period of their leave without pay status. Employees shall be entitled to take personal leave without pay when required by law. Section 15. "Bereavement Leave": The City shall grant bereavement leave to include leaves of absence with pay up to three (3) days where a member of the employee's or spouse's or domestic partner's immediate family dies. The City in its discretion may require some proof that a death in the family has occurred. Bereavement leave is available only within thirty (30) days of a death in the family, unless the employee has made arrangements with the City regarding its use at a later date. Section 16. "Holidays": Designated Management employees observe the same legal holidays as defined in the City's Personnel System Rules and are available to those employed prior to or on the date of the holiday: In the event that a holiday falls on a Saturday, the preceding Friday shall be a holiday. In the event a holiday falls on a Sunday, the following Monday shall be a holiday. In cases where one of two consecutive holidays falls on a weekend day (e.g., the Day before Christmas and Christmas Day/the Day before New Year's and New Year's Day) a conflict may occur with the above. In such cases, the City Manager shall designate the day(s) to be observed as a holiday(s) in lieu of the holiday(s), which falls on Saturday and/or Sunday. The City Manager's designation shall not result in the observation of more total holidays than are approved in the City's Benefit Plan. Section 17. "Employees Re ug laxly Scheduled to Work 20 to 40 Hours Per Week": Management employees scheduled to regularly work between 20 and 40 hours per week shall receive apro-rata share of holiday compensation. The pro-rata share shall be determined by the percentage of a regular 40 hour week which they are scheduled to work. The regularly scheduled number of work hours shall be designated on the Personnel Action Form. Section 198. "Family Medical Leave": In accordance with the Family and Medical Leave Act of 1993 (FMLA) and the "California Family Rights Act" (CFRA), eligible employees may take up to a total of twelve (12) work weeks of family and medical leave during a twelve (12) month period for a qualifying event. FMLA/CFRA leave may only be taken for the following reasons: 1. To care for the employee's child after birth; 2. As a result of the placement of a child with the employee in connection with the adoption or foster care of the child; 3. To care for the employee's spouse, domestic partner, son or daughter, or a parent who has a serious health condition; or 4. For a serious health condition that makes the employee unable to perform his/her job. Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 4 of 10 5. Military Family Leave -- to attend to any "qualifying exigency" arising out of the fact that the spouse, domestic partner, son, daughter or parent of the employee is on active military duty or has been notified of an impending call or order to active military duty in the Armed Forces. This type of leave is provided in compliance with the National Defense Authorization Act for FY 2008 (NDAA) which amends the FMLA. Until the term "qualifying exigency" is defined by published U.S. Department of Labor regulation, the City, in its sole discretion, shall determine the circumstances which constitute a qualifying exigency. Examples of "qualifying exigency" are (a) the need to make arrangements for child care arising from the absence of the service member on military duty; and (b) the need to assist the service member in making necessary financial or legal arrangements prior to leaving for active military duty. Employees must make a specific written request for such leave, stating the reasons for such leave. Such leave may be granted by the City on a case by case basis under the specific circumstances. In addition, in accordance with NDAA, an eligible employee shall be entitled to up to a maximum of 26 workweeks of leave during a 12-month period to care for a family member who is a member of the Armed Forces who is undergoing medical treatment, recuperation or therapy for a serious injury or illness incurred in line of duty in active duty in the Armed Forces. Leave for this purpose shall only be available during a single 12-month period. During this single 12-month penod, the employee shall be entitled to a maximum combined total of 26 workweeks of leave for both this type of leave and Family Care and Medical Leave. However, this shall not limit the availability of Family Care and Medical Leave during any other 12-month period. If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. An employee is entitled to leave for one of these purposes for at least one day, but less than two weeks duration on any two occasions, or a minimum duration of two weeks. The maximum duration of combined leave for both a husband and wife (or domestic partners) working for the City is limited to a total of twelve (12) working weeks if leave is taken for the birth or placement for adoption or foster care of the employees' child. A. "Eli ibili ": Management employees are eligible for leave pursuant to this rule if the employee has been employed with the City for at least 12 months and has actually worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. In addition to the requirements above, to be eligible for Military Family Leave to care for an injured service member, the employee must be a spouse, domestic partner, son, daughter, parent or next of kin of a covered service member. The service member's medical condition must warrant the participation of the employee to provide supervision or care during the entire period of leave. B. "Notification": Management employees shall provide the City as much notice as possible of their need for FMLA/CFRA leave. If the leave is foreseeable, thirty (30) days notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s), the employee shall inform the City Manager or designee of the estimated time when the leave will be needed. Violation of the provisions of this policy may result in a delay of the granting of the leave. Employees may be required to periodically report on their status and intent to return to work. C. "Medical Certification": Management employees who request leave for their own serious health condition or to care for a child, parent, spouse or domestic partner who has a serious health condition may be required to provide written certification from the health care provider of the individual requiring care. If the leave is for the employee's own serious health condition, the certification must include a statement that the employee is unable to Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 5 of 10 work at all or unable to perform the essential functions of his/her position. If the leave is to care for a family member who is a member of the Armed Forces who is undergoing medical treatment, recuperation or therapy for a serious injury or illness incurred in line of duty in active duty in the Armed Forces, the employee may be required to provide written certification from the Armed Forces regarding the condition of the individual requiring care, consistent with Department of Labor guidelines. Management employees must provide the certification prior to when the leave begins. If the leave is unforeseeable, certification must be provided within 15 calendar days after the notification of the need for the leave. Violation of the provisions of this policy may result in a delay of the granting of the leave until the required certification is provided. If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and employee, but paid for by the City. The opinion of the third health care provider will be binding. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" is defined as a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. D. "Use of Accrued Leaves": Management employees must use their available accrued leaves, if applicable, (until the leaves are exhausted) concurrently with FMLA/CFRA leave. After sick leave is exhausted, the employee must use all accrued general leaves concurrently with FMLA/CRFA leave. If available accrued leave are exhausted, leave under this policy is unpaid. If the employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, the City may designate that leave as running concurrently with the employee's 12-week FMLA/CFRA leave entitlement and the City's Maternity Leave provisions (as applicable); provided that the City will notify the employee at the time of the designation. E. "Continuation of Benefits': For the duration of the 12-workweek leave pursuant to this rule, the City shall maintain its payment for the employee's health insurance under its group health plan. The City may require the employee to reimburse the City for these costs for the entire leave period if the employee fails to return to work at the conclusion of the leave, provided that the failure to return to work is for a reason other than: (a) the continuation, recurrence or onset of a serious health condition; or (b) the City Manager or designee waives the requirement owing to some circumstances beyond the control of the employee. An employee who exhausts his or her entitlement to this 12 workweeks of health plan coverage while on Military Family Leave shall not be entitled to any additional 12 workweeks of health plan coverage under the FMLA. Other group insurance coverage and retirement benefits shall be continued in accordance with the provisions of the applicable group insurance Accrual of Benefits While on Leave: Employees will not accrue benefits while in an unpaid leave status, including accrual of general leave, sick leave or seniority. F. "Reinstatement": Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when leave commenced, or to a comparable position with equivalent employment benefits, pay and other terms and conditions of employment if the former one is abolished during the period of leave and the employee would otherwise not Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 6 of 10 have been laid off. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the leave period. As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, the employee must obtain and present afitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. G. "Definitions": For the purposes of this section, the following definitions apply. (a) "12-Month Period": A rolling period measured backward from the date leave is taken and continuous with each additional leave day taken. (b) "Child": A child under the age of 18 years, or 18 years or older who is incapable of self-care in three or more of the activities or instrumental activities of daily living, such as grooming and hygiene, bathing, dressing, eating, cooking, cleaning, taking public transportation, etc. (c) "Parent": The biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. (d) "Spouse": a husband or wife as defined or recognized under California State law for purposes of marriage. (e) "Domestic Partner": means domestic partner as defined under California Family Code section 297. (fj "Serious Health Condition": An illness, injury, impairment, or physical or mental condition that involves: (1) any period of incapacity or treatment in connection with a hospital, hospice or residential medical care facility; (2) any period of incapacity requiring absence from work, of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; (3) continuing treatment of a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or (4) for prenatal care by a health care provider. Continuing treatments include two or more visits to a health care provider; two or more treatments by a health care practitioner on referral from, or under the direction of a health care provider; or a single visit to a health care provider that results in a regimen of continuing treatment under the supervisor of the health care provider. (g) "Health Care Provider": A medical practitioner authorized to practice medicine in the State of California and performing within the scope of their practice as defined under state law, or as otherwise defined in the Family and Medical Leave Act. In addition, the following definitions apply for Military Family Leave: (a) "Covered service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. (b) "Serious injury or illness" means an injury or illness incurred by the service member in line of duty on active duty in the Armed Forces that may render the service Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 7 of 10 member medically unfit to perform the duties of the service member's office, grade, rank or rating. (c) "Outpatient status" means the status of a service member assigned to (a) a military medical treatment facility as an outpatient; or (b) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. (d) "Next of kin" means the nearest blood relative of the service member. In the event that a conflict arises between this article and federal or state law or regulations, or if some aspect of the Family and Medical Leave is not covered by this article, the federal and state law and regulations will prevail. Section 20. "Pregnancy Disability/Parental Leave": The City shall provide pregnancy disability leave to management employees in accordance with applicable law. An employee who is disabled by pregnancy may take up to sixteen (16) weeks off work (including both paid and unpaid leave) for pregnancy disability, childbirth or related medical conditions. The employee may also be eligible for intermittent leave or a reduced work schedule during her pregnancy if medically necessary. Employee must notify the City Manager or designee of any medical restrictions caused by the pregnancy. The City may require that the employee provide medical certification indicating there is a medical need for the employee to take the time off or receive accommodation while continuing to work. Pregnancy disability leave qualifies for leave under the Family and Medical Leave Act (FMLA) but not under the California Family Rights Act (CFRA). During pregnancy disability leave, the employee is entitled to FMLA benefits in accordance with the FMLA. After the employee's pregnancy disability ends, the employee is eligible for CFRA leave for an additional twelve (12) weeks, to care for a newborn. The City may require that the employee provide a medical certification indicating when the pregnancy disability ended. In addition to the 12-week FMLA/CFRA leave, upon request by the employee, the City may grant additional leave without pay of up to four (4) weeks for the employee to care for a newborn child or newly placed adopted or foster child. Requests for this additional leave beyond the first twelve weeks of FMLA/CFRA leave for newborn care may be granted within the discretion of the City in consultation with the employee's Department Head with approval by the City Manager or designee. Employees on pregnancy disability or parental leave 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 FMLA/CFRA leave and LWOP in general. If the leave is unpaid and does not qualify for FMLA or CFRA benefits, the employee shall reimburse the City for the cost of any City-provided insurance policies that cover the employee and/or dependents during the course of the leave. Employees are required to utilize all accrued paid leaves prior to going on leave without pay status. If mutually agreed to by the City and the employee, sick leave may also be used for maternity leave purposes. Coordination of benefits and leave shall be handled by the City's Personnel Officer. Section 21. "Administrative Leave": Management employees shall on July 1St of each year be granted 64 hours of Administrative Leave in recognition that said Management employees are required to work hours beyond their regular hours of work to fulfill their employment responsibilities. A. On December 1St of each year, as defined, Management employees may choose to be paid to a maximum of 32 hours of their unused Administrative Leave. Payment for said administrative leave shall be paid with the first pay period ending date after December 1St of each year. B. The use of Administrative Leave requires the approval of the City Manager or designee prior to the absence. A request for scheduled Administrative Leave should be submitted on a form designated by the City. Management employees who have available Administrative Leave and requests use of Administrative Leave shall be permitted to use such time off Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 8 of 10 within a reasonable period after making a request if such use does not unduly disrupt the operations of the City. Employees should make every effort to submit requests to take Administrative Leave two weeks prior to the requested leave. C. On June 30th of each year, or if an employee terminates employment prior to June 30tH, employees shall forfeit any unused balances of Administrative Leave. Section 22. "Work Related Injury or Illness Leave": The City may grant up to 50 hours of paid time off (per incident) for an employee to attend ongoing medical care/treatment during work hours in conjunction with a work related injury/illness. Use of work-related injury or illness leave hours shall not be considered as a right that may be used at an employee's discretion, but shall be allowed only in case of necessity. Employees who use disability leave hours may be required to provide a written explanation to the City Manager or designee stating the cause of absence and report the hours as instructed on their timesheets. Said explanation shall be on a form developed and implemented by the City Manager or designee. Disability leave shall be granted only after the City's Workers' Compensation administrator has declared the illness/injury to be compensable under the California Workers' Compensation law. Only regular employees are eligible for disability leave. Employees suffering injuries in the course and scope of their work may be entitled to workers' compensation benefits. Employees having questions regarding this rule should contact the Personnel Officer. Section 23. "Catastrophic Illness Leave ": Upon approval of the City Manager or designee, a catastrophic sick leave bank may be established for the benefit of an employee incapacitated by an extreme or severe illness or injury. Employees may donate general leave and/or sick leave to another employee in accordance with the City of Dublin Catastrophic Leave Administrative Policy (AP 06-1998) as may be amended and subject to the conditions listed below: A. All regular employees of the City of Dublin (part-time and full-time) who have successfully completed one year of paid service shall be eligible to request catastrophic leave due to their own serious illness or injury, or serious illness or injury to an immediate family member as defined in Section 1 of the City's Catastrophic Leave Administrative Policy. B. Eligible employees may request leave donations after all leaves have been (or are expected to be) exhausted. C. An employee requesting catastrophic leave must receive the recommendation of his/her Department Head, and the approval of the City Manager or designee. Catastrophic Leave may be approved up to a maximum of 45 workdays in a calendar year. D. An employee receiving catastrophic leave shall remain on "paid status" for the purposes of normal payroll deductions (i.e., state and federal taxes, retirement, health and benefit contributions, wage attachments and assignments, etc.). E. While using catastrophic leave hours, the employee will continue to accrue general leave hours. F. While using catastrophic leave, the employee will retain paid 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 a paid employee. G. Upon termination of employment, return to work, or death, all unused catastrophic leave hours shall be returned to the City's "Catastrophic Leave Bank." The recipient shall have no claim upon unused catastrophic leave credits. Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 9 of 10 H. Catastrophic Leave shall not be used in conjunction with short or long-term disability benefits; Workers' Compensation leave; or light, limited or restricted duty. Section 24. "School Leave": Employees who are parents, guardians or grandparents of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not exceeding eight (8) hours in a month, to participate in the child's school activities. The employee must use accrued general leave, floating holiday, administrative leave or compensatory time for this leave. Prior notice of the need for this leave must be given to the City Manager or designee. Section 25. "Voting': Employees will be granted time off with pay to vote in any general, direct primary or presidential primary election in accordance with the provisions of the Elections Code section 14000. Management employees must give prior notice to the City Manager or designee of their need to take such time off. Section 26. "Relocation Expenses": The City Manager shall have the authority to negotiate on behalf of the City relocation expenses for appointed employees covered under this Resolution. Such expenses may include travel, interim housing, storage, and other relocation expenses as deemed appropriate by the City Manager. PASSED, APPROVED AND ADOPTED this 4~` day of November, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATT T: y City Clerk Reso No. 202-08, Adopted 11/4/08, Item 4.8 Page 10 of 10