HomeMy WebLinkAboutReso 015-94 Mngmt-LeaveBenefitsRESOLUTION OF THECIT~ COUNCIL OF
THE CITY OF DUBLIN
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 RUies, 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 1~60 (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. "Familyap~IMedical ~eave": 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 own 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
P~urs 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 pro-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.
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:
Councilmembers Burton, Houston, Howard, Moffatt and Mayor
Snyder
NOES: None
ABSENT: None
ABSTAIN: None