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HomeMy WebLinkAboutReso 005-93 Personnel Rules RESOLUTION NO. 5 - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE PERSONNEL 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, the State of California enacted the Family Rights Act of 1991 to prevent discrimination in employment on the basis of family leave care; and WHEREAS, the proposed amendment to the Personnel System Rules is intended to comply with the Family Rights Act of 1991 (California Government Code, Section 12945.2). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Family Care Leave policy set forth in AttaChment A- BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves the Maternity Leave policy set forth in Attachment BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves an amendment to Section 15. "Leave of AbSence Without Pay" as set forth in Attachment C. PASSED, APPROVED and ADOPTED this llth day of January, 1993. AYES: councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder NOES: None ABSENT: None ABSTAIN: None ATTACHMENT A RULE XVII. LEAVE Section 17. "Family Care Leave": In accordance with Government Code Section 12945.2, the City Manager may, in his/her discretion, grant up to four months (including both paid and unpaid leave) family care leave in a 24-month period. Family care leave would include leave by a male or female employee for the birth or adoption of a child; or for a serious illness of a child, parent or spouse. Employees eligible for Family Care Leave shall have more than one year of continuous service with the City and be eligible for such leave pursuant to Government Code Section 12945.2. 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 care 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. The employee shall reimburse the City for the cost of any City-provided insurance policies which cover the employee and/or dependents during the course of the leave. Reimbursement shall be made no later that the first of the month for month of coverage. 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 Care Leave purposes. Total leave shall not exceed four months in a 24-month period. The City Manager may refuse to grant Family Care Leave if said leave causes an undue hardship on the City's operations. Family care Leave may also be denied if the affected employee is either one of the five highest paid employees, or among the top ten percent of all employees in terms of gross salary, or whichever group is larger. The City may also refuse a Family Care Leave request if the employee's spouse is unemployed or is employed but also taking Family Care Leave during the same period. ATTACHMENT B RULE XVII. LEAVE Section 17. "Maternity Leave": In accordance with Government Code Section 12945(b)(2), the City Manager may grant up to four months (including both paid and unpaid leave) maternity leave. Maternity leave would include leave by a female employee who is disabled on account of pregnancy, childbirth, or related medical conditions. AS with Family Care Leave and Leave Without Pay, the employee shall provide reasonable notice to the City Manager if the leave is foreseeable, indicating the date the leave shall commence and the estimated duration. IEmployees on maternity 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 leave without pay in general. The employee shall reimburse the City for the cost of any City-provided insurance policies which cover the employee and/or dependents during the course of the leave. Reimbursement shall be made no later that the first of the month for the month of coverage. 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 Maternity Leave purposes. ATTACHMENT C Section 15. "Leave of Absence Without Pay": The City Manager in his/her unrestricted discretion, may grant a regular or probationary employee a leave of absence without pay, benefits or seniority. Any leave of absence which is approved shall not exceed 90 days. An extension of any leave of absence beyond 90 days may be granted upon approval of the City Council when it is in the best interest of the City. In cases where a leave of absence without pay is requested by a regular employee on account of the birth or adoption of his/her child, up to four months leave may be granted, in accordance with applicable laws. A leave of absence requires that the employee make a written request setting forth the reason for the request, the date the employee expects the leave to commence and the date the employee expects to return to work. the approval of any leave of absence shall also be in writing. Upon the expiration of an approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time the leave was granted. The employee shall reimburse the City for the cost of any City-provided insurance policies which cover the employee and/or dependents during the course of the leave without pay. Reimbursement shall be made no later that the first of the month for the month of coverage. Failure on the part of an employee on leave to return to duty promptly at its expiration, or within a reasonable time after notice, shall be deemed to be discharged. The depositing in the United States mail of a first class letter, postage paid, addressed to the employee's last known place of address, shall be deemed reasonable notice.