Loading...
HomeMy WebLinkAboutItem 4.05 PersonnelSystemRev (2) ~ t e . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 11, 1993 SUBJECT: Revisions to Personnel System A. ~esolution Establishing a Salary Plan for Full Time Personnel B.~Resolution Amending the Benefit Plan C.~Resolution Fixing Employer's contribution Rate Under the Public Employees' Medical and Hospital Care Act and Rescinding Resolution No. 110-91 D.~Resolution Amending Personnel Rules to Include Family Care Leave and Maternity Leave provisions E.~Amendment to Resolution Establishing Management positions Exempt From Competitive Service and prescribing Leave Benefits for the positions EXHIBITS: RECOMMENDATION: 1. Adopt Resolutions 1JY 2. Authorize City Manager to take all steps necessary to amend agreement with Delta Dental to increase annual cap 3. Authorize city Manager to transfer funds (not to exceed $3,500) from the contingent Reserve into the appropriate accounts FINANCIAL STATEMENT: Sufficient funds have been included in the city's Contingent Reserve DESCRIPTION: The city's personnel system is governed by several documents. Each document addresses a specific topic. The staff report identifies changes to the personnel system. As presented below, proposed adjustments to the City'S Personnel system are based on a comprehensive survey of other agencies and on discussions with city employees. THE SALARY PLAN Included in the city's Personnel System are resolutions which address salary ranges for both part-time and full time personnel. The attached salary plan contains proposed salary ranges for full time personnel. The proposed salary ranges are based on market conditions determined by a comprehensive survey of comparable positions in similar agencies. The recommended salary ranges are based on the average of the agencies surveyed. The salary ranges also take into account the relationShip of each position to others in the organization (e.g., the relationship between Assistant, Associate and Senior planner). The salary ranges provide a minimum and maximum salary to be paid for each position. All ---------------------------------------------------------------------- /1 COPIES TO: ITEM NO. -.!:i'. 'j C I T Y C L E R K FILE~ e . movement within the range is based on performance. The proposed modifications to the Salary Plan do not automatically increase actual salaries. Employees' salaries can only be modified upon completion of a satisfactory performance review. Thus, modifications to the salary Plan will only impact current salaries at the time of a performance review. The city Manager and his staff have met with all regular employees to discuss the proposed salary ranges. Based on these discussions and on the market survey, staff recommends that the city council adopt the attached resolution (Exhibit A) establishing a Salary Plan for full time employees. THE BENEFtT PLAN Background - The city's Personnel system Rules require the city council to adopt a Benefit Plan. The Plan provides a summary of the city's benefit program including medical, dental, life and disability insurance, retirement, holidays, car allowance and travel expenses, and participation in deferred compensation and credit union programs. Once again, the city Manager's staff has conducted a.market survey comparing the city's Benefit Plan to the market average. In addition, the City Manager has discussed the benefits with city employees. The following outlines sections of the Benefit Plan where changes are proposed. All remaining sections would remain in tact. Section 2 Medical Insurance - The City currently contracts with the Public Employees' Retirement system for the provision of health insurance benefits. This provides the city a wide variety of insurance plans due to the number of participating agencies. PERS allows each participating agency to designate the amount to be contributed by the employer. Presently, the city contributes up to $422 per month per employee/retiree for medical insurance. As of August 1, 1992, the city experienced an increase in health plan premiums. consequently, a number of health plans in which city employees are presently enrolled now exceed the city's maximum contribution. A resolution increasing the City'S contribution to a maximum of $443 per month to address the increase in medical insurance premiums is attached (EXhibit B). There would continue to be health plans which exceed the City'S maximum contribution and this amount would be paid for through payroll deductions. In addition to amending the City's Benefit Plan to increase the city's contribution, it is also necessary to adopt a separate resolution increasing the employer's contribution under the Public Employees' Medical and Hospital Care Act. The attached resolution (EXhibit C) increases the City'S contribution from $422 to $443 per month and rescinds Resolution No. 110-91. The proposed increase represents a 5% increase in the city's maximum contribution. Based on current enrollment, the estimated cost to the City to increase the health contribution would be approximately $2,270 per year. The proposed increase would be effective with the March 1993 premiums. Section 3 Dental Insurance - The City currently contracts with Delta Dental for dental insurance benefits. The contract requires the City to pay the full family premium rate for eligible employees (and eligible dependents) i~cluding regular employees (who work 30+ hours per week). In addition, the City pays the premium for the employee only for those regular employees who work between 20 and 29 hours per week. The current family premium under the Delta Dental plan is $95.86 per month. -'. e e Presently, the contract between the city and Delta Dental provides for payment of eligible fees up to a maximum of $1,000 for each eligible participant per calendar year. staff recommends that the city council amend the current agreement with Delta Dental to increase the annual cap from $1,000 to $1,500 per year. Based on current enrollment, the estimated cost to the City to increase the annual cap would be approximately $900 per year. The proposed change would be effective beginning with the February 1993 premium payments through the end of the contract term (september 30, 1993). A resolution amending the benefit Plan to increase the city's contribution to a maximum of $98.37 per month to cover the increase in the annual dental cap is attached (Exhibit B). FAMILY CARE LEAVE AND MATERNITY LEAVE Presently, the City's Personnel System provides for leave of absence without pay including leave on account of the birth or adoption of a child for up to four months, in accordance with applicable laws. Effective January 1, 1992, a new state law was implemented requiring employers with 50 or more employees to grant Family Care Leave. The law makes it an unlawful employment practice for employers to refuse to grant a reasonable request by an employee with more than one year of continuous service and who is eligible for other benefits to take up to four months family care leave in a 24 months period. In summary, "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. Family care leave does not replace a female employee's right to take a leave of absence of up to four months on account of pregnancy [Government Code Section 12945(b)(2)]. This statute, however, limits the female employee's right to take a leave only if she is "disabled on account of pregnancy, childbirth, or related medical conditions." In accordance with the state law, staff recommends amending the Personnel System Rules to include Family Care Leave and Maternity Leave provisions. The proposed language outlining family care and maternity leave is consistent with the city's policy regarding "leave without pay", including the following provisions: 1. Employee must provide reasonable notice to the City Manager if the leave is foreseeable. 2. A leave of absence requires a written request setting forth the reason for the request, the anticipated date of the leave and the anticipated date of return to work. 3. Employee is required to utilize any accrued general leave prior to going on leave without pay. 4. 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. 5. The maximum of four months of leave shall include both paid and unpaid leave. staff recommends that the City council adopt the attached resolutions (Exhibits D and E) amending both the Personnel system Rules and the Resolution Establishing Management positions Exempt From Competitive service and prescribing Leave Benefits for the positions to include Family Care Leave and Maternity Leave provisions. e e CLEAN-UP PROVISIONS In addition to the above changes to the City's Personnel System, staff recommends the following clean-up provisions: BENEFIT PLAN Section 10. Holidays amend to include reference to prescribing leave benefits for management positions competitive service (see Exhibit B). the resolution exempt from RESOLUTION PRESCRIBING LEAVE BENEFITS FOR MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE section 15. Leave of Absence Without Pay - Delete reference to "regular" and "probationary" employee. These terms are not applicable to "at will" employees. Also, add language regarding when reimbursement for benefits shall be made (i.e., no later than the first of the month for month of coverage). section 17. "Holidays" - Add language to address holiday compensation for designated holidays. Section 18. "Employees Regularly Scheduled to Work 20 to 40 Hours Per Week" - Add language to provide pro-rated holidays for employees who regularly work 20 to 40 per week. PERSONNEL RULES section 15. "Leave of Absence without Pav": Add language regarding when reimbursement for benefits shall be made (i.e., no later than the first of the month for month of coverage). CONCLUSION staff recommends that the city council review the proposed modifications to the City's Personnel system and adopt the necessary resolutions. e e RESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES WHEREAS, the city council has adopted a salary & Benefit Plan pursuant to the Personnel system Rules; and WHEREAS, the City council adopted Resolution No. 1-92 and subsequent amendments which establish a salary Plan for full-time personnel in accordance with the Personnel Rules; and NOW, THEREFORE, BE IT RESOLVED that the following salary provisions shall be established in accordance with the City of Dublin Personnel System Rules. BE IT FURTHER RESOLVED that any previous enacted salary provisions contained in Resolution No. 1-92 and subsequent amendments shall be superseded by this Resolution. ARTICLE I: SALARY PROVISIONS SECTION A: REGULAR EMPLOYEES EXEMPT FROM FAIR LABOR STANDARDS ACT (FLSA) OVERTIME PROVISIONS Employees covered under this Section shall be paid a monthly salary within the following ranges with the exclusion of any Performance pay Adjustment granted in accordance with the Personnel Rules. IN THE EVENT THAT IT IS DEEMED BY THE CITY MANAGER TO BE IN THE BEST INTEREST OF THE CITY, TEMPORARY APPOINTMENTS OF NO MORE THAN 6 MONTHS, WHERE THE WORK ASSIGNMENTS ARE SUCH THAT THEY CAN BE COMPLETED WITH LESS THAN A 40 HOUR WORK WEEK, MAY BE APPROVED BASED UPON THE HOURLY RATES. THE TOTAL SALARY PAID FOR SUCH WORK SHALL NOT BE LESS THAN THE "SALARY TEST" REQUIRED FOR AN EXEMPTION UNDER FLSA. * ** ** *** * Monthly Minimum Administrative Assistant Administrative Services/ Finance Director Assistant City Manager Assistant city Manager/Admin- istrative Services Director Assistant to the city Manager Associate Planner City Clerk Finance Manager Planning Director Public Works Director/City Engineer Recreation Director Recreation Supervisor secretary to the City Deputy City Clerk senior Civil Engineer Senior Planner $3,234 $5,114 $5,148 $5,476 $4,174 $3,373 $3,664 $4,189 $4,852 $5,658 $5,014 $3,053 Manager/$2,821 $4,681 $3,919 Monthly Maximum $4,043 $6,393 $6,436 $6,845 $5,218 $4,216 $4,579 $5,236 $6,065 $7,073 $6,267 $3,816 $3,526 $5,851 $4,899 Hourly Minimum $18.66 $29.50 $29.70 $31. 59 $24.08 $19.46 $21. 14 $24.17 $27.99 $32.64 $28.93 $17.61 $16.28 Hourly Maximum $23.33 $36.88 $37.13 $39.49 $30.10 $24.32 $26.42 $30.21 $34.99 $40.81 $36.16 $22.02 $20.34 $27.01 $33.76 $22.61 $28.26 ~1'X- '~":1,,",,.l~T ij..' p~iU! i~.' ndJ~ A e e SECTION B: REGULAR EMPLOYEES COVERED BY OVERTIME PROVISIONS OF FLSA. Employees covered under this Section shall be paid hourly wages within the following ranges with the exclusion of any Performance Pay Adjustment granted in accordance with the Personnel Rules. The monthly salaries are shown for informational purposes only. * Monthly Monthly Hourly Hourly Minimum Maximum Minimum Maximum Administrative Secretary $2,526 $3,158 $14.57 $18.22 Administrative Aide $2,779 $3,474 $16.03 $20.04 Assistant Planner $2,916 $3,645 $16.82 $21. 03 Community Safety Assistant $2,916 $3,645 $16.82 $21. 03 Engineering Technician $2,873 $3,591 $16.58 $20.72 Finance Technician I $2,297 $2,871 $13.25 $16.56 Finance Technician II $2,526 $3,158 $14.57 $18.22 Management Assistant $2,940 $3,675 $16.96 $21. 20 Office Assistant I $1,833 $2,291 $10.58 $13.22 Office Assistant II $2,016 $2,520 $11.63 $14.54 Public Works Inspector $3,238 $4,048 $18.68 $23.35 Recreation Coordinator $2,583 $3,229 $14.90 $18.63 Secretary $2,297 $2,871 $13.25 $16.56 * PASSED, APPROVED AND ADOPTED this 11th day of January, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk NOTES: * Classifications are vacant. ** Classifications will be vacated upon filling the Finance Manager position. *** Classification will be filled upon hiring the Finance Manager. K2/AForms&Keepers/$RESO II e RESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************** AMENDING THE BENEFIT PLAN WHEREAS, the Personnel System Rules require the City Council to adopt a Benefit Plan; and WHEREAS, the Benefit Plan prescribes the current benefits provided to employees by the city. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Dublin hereby amend Resolution No. 109-91 to include the following: section 2. Medical Insurance: All city employees who are members of the Public Employees retirement System (PERS) shall be eligible to select from plans administered by the Public Employees Medical and Hospital Care Act. Beginning with the March 1993 premium, the city of Dublin will con- tribute a maximum of $443 per month, exclusive of administrative charges, towards medical insurance. If the cost of coverage exceeds the amount of the City contribution, the additional cost will be paid by the employee through payroll deductions or at the employee'S option to the extent allowed by Section 4 of the Benefit Plan. Section 3. Dental Insurance: Beginning with the February 1993 premium, the city will contribute on behalf of each employee regularly scheduled to work at least 30 hours per week, a maximum of $98.37 per month to a dental insurance plan selected by the city. Beginning with the February 1993 premium, the city will contribute on behalf of each employee regularly scheduled to work between 20 and 29 hours per week, a maximum of ~30.80 per month to a dental insurance plan selected by the city. section 10. Holidavs: The following days shall be deemed holidays in accordance with the personnel System Rules and the Resolution EstabliShing Management positions Exempt From competitive service and Prescribing Leave Benefits for the positions: a) New Year's Day b) Martin Luther King Jr. Day c) Washington's Birthday d) Memorial Day e) Independence Day f) Labor Day g) Veteran's Day h) Thanksgiving Day i) Day Following Thanksgiving j) Day Preceding Christmas k) Christmas Day 1) Day preceding New Year's Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Day Following the Above December 24 December 25 December 31 EXHIBIT B It . PASSED, APPROVED and ADOPTED this 11th day of January, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk e e RESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************** FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND RESCINDING RESOLUTION NO. 110-91 WHEREAS, Government Code section 228825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital and Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS, the city of Dublin is a local agency contracting under the Act; and WHEREAS, on october 28, 1991, the city council adopted Resolution No. 110-91 fixing the employer's contribution at $422 per month; and WHEREAS, various health plans offered by the Act have increased premiums due to cost increases within the health care industry. NOW, THEREFORE, BE IT RESOLVED that the employer's contribution for each employee or annuitant shall be the amount necessary to the cost of his/her enrollment, including the enrollment of his/her family members in a health benefit plan or plans up to a maximum of $443 per month, plus administrative fees and Contingent Reserve Fund assessments. BE IT FURTHER RESOLVED that the contribution shall begin with the March 1, 1993, premium and that Resolution No. 110-91 shall be rescinded. PASSED, APPROVED and ADOPTED this 11th day of January, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk EXHIBIT e e It RESOLUTION NO. - 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 B. BE IT FURTHER RESOLVED that the City council of the City of Dublin hereby approves an amendment to Section 15. "Leave of Absence without Pav" as set forth in Attachment C. PASSED, APPROVED and ADOPTED this 11th day of January, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk EXHIBIT D e e 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. e e 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. Employees 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 Pav": 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. e e RESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************** AMENDING RESOLUTION NO. 142-90 ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AND PRESCRIBING LEAVE BENEFITS FOR THE 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, due to changes in the leave policy it is appropriate to amend Resolution No. 142-90. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Dublin hereby amend Resolution No. 142-90 as follows: Section 15. "Leave of Absence without Pay": The City Manager in his/her unrestricted discretion, may grant an 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 an 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. tXHIBIT E e e section 17. "HOlidays": The city council shall designate official city holidays in the Benefit Plan. All full time employees shall be entitled to eight (8) hours of compensation for each designated holiday. section 18. "Employees Regularly Scheduled to Work 20 to 40 Hours Per Week": Employees scheduled to regularly work between 20 and 40 hours per week shall receive a pro-rata share of holiday compensation. The pro-rate 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 19. "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. Section 20. "Materni ty 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. ~ e . 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. Employees 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 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. PASSED, APPROVED and ADOPTED this 11th day of January, 1993. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk