HomeMy WebLinkAboutR-10645 Adopting a paid sick leave policy in compliance with the healthy workplaces, healthy families act of 2014 AB1522RESOLUTION NO. 10645 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A PAID SICK LEAVE POLICY, IN
COMPLIANCE WITH THE HEALTHY WORKPLACES, HEALTHY
FAMILIES ACT OF 2014 (AB 1522)
WHEREAS, on September 10, 2014 the Governor of the State of California signed the
Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), providing paid sick leave for
covered employees, effective\January 1, 2015; and
WHEREAS, the paid sick leave provisions of AB 1522 are effective July 1, 2015; and
WHEREAS, all line -item (regular full and part-time) employees, who are currently
covered by the City's Personnel Rules and Regulations, a Memorandum of Agreement (MOA),
employment contracts, or benefits Resolution, are provided with sick leave benefits that exceed
the minimum requirements of AB 1522; and
WHEREAS, temporary employees are not covered by the City's Personnel Rules and
Regulations, MOAs, employment contracts, or benefits Resolutions; and
WHEREAS, the City of San Luis Obispo wishes to establish a paid sick leave policy,
pursuant to AB 1522, applicable to temporary employees; and
WHEREAS, AB 1522 allows the City to establish the accrual method, maximum
accrual, and the minimum usage increment for paid sick leave.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. A sick leave policy for temporary employees of the City (attached hereto
as Exhibit "A ") is hereby adopted in accordance with the requirements of AB 1522.
SECTION 2. Paid sick leave benefits shall be effective July 1, 2015 and the Paid Sick
Leave Policy shall be modified by the City Manager in the future for consistency with the law
and to implement in an operationally efficient manner.
Upon motion of Council Member Christianson, seconded by Vice Mayor Ashbaugh, and
on the following roll call vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
R 10645
Resolution No. 10645 (2015 Series) Page 2
The foregoing resolution was adopted this 7th day of July 2015.
ty Attorney
Mayor a arx
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ' day of
Resolution No. 10645
Exhibit A Page 3
Paid Sick Leave Policy
J'
PURPOSE
In compliance with California law Assembly Bill 1522 — Healthy Workplaces, Healthy
Families Act of 2014 ( "AB 1522 "), effective July 1, 2015 the City will provide all
temporary employees paid sick leave at the accrual rate of one (1) hour of sick leave for
every 30 hours worked, up to three (3) days or 24 hours of paid sick leave to be
provided in a 12 -month period. Certain use, accrual, and carryover provisions apply as
explained below. Sick Leave as documented in the Municipal Code (Section 2.36.420
B.1.) and as otherwise provided in any applicable memorandum of agreement or
benefits resolution will continue to apply to regular employees in line -item positions, as
those provisions exceed the requirements of this law.
ELIGIBILITY
All line -item (regular full and part-time) employees are eligible to accrue sick leave
pursuant to the Municipal Code Section 2.36.420. AB 1522 does not impact the accrual
rate of sick leave for such employees, since the prior accrual goes beyond the minimum
requirements of the law. It does however require that the City of San Luis Obispo
provide sick leave to temporary and contract employees. Retired annuitants returning
to work on a temporary basis are not eligible for paid sick leave, including those that are
considered "on call" by the State and Federal Government, such as those hired to
respond to out of county fires. Further, Elected Officials and Advisory Body members
are excluded from AB 1522 as they receive stipends, not hourly wages.
POLICY
In compliance with AB 1522 the City of San Luis Obispo provides paid sick leave to all
temporary employees under the following conditions:
• An employee begins to accrue paid sick leave at the rate of one (1) hour of paid
sick leave for every 30 hours worked beginning on the first day of employment.
Overtime hours are calculated as hours worked for purposes of sick leave
accrual.
• An employee is not eligible to begin using accrued paid sick leave until after 90
days of employment with the City of San Luis Obispo.
• An employee is only allowed to use up to a maximum of three (3) days or 24
hours, whichever is greater, of paid sick leave in a 12 -month period. A day is
defined as the typical work hours assigned to an employee. For example, an
employee scheduled to work 4, 10 hour days, would be allowed to use 30 hours
(the equivalent of 3 days for their assigned work schedule) of paid sick leave in a
12 -month period.
Resolution No. 10645
Exhibit A
Paid Sick Leave Policy
Page 4
• Accrued and unused paid sick leave shall carry forward to the following year of
employment, subject to a 60 hour limit. Periodic audits will be made to ensure
compliance with the law and adjustments will be made accordingly to the
maximum accrual carryover.
• If a temporary employee is promoted to a regular employee in a line -item
position, their accrued and unused sick leave will be carried forward to the new
appointment.
• An employee's sick leave balance will be reflected on the paystub.
• Paid sick leave will not be considered hours worked for purposes of overtime
calculation.
Interaction with Labor Code § 233 - Kin Care Law
In accordance with California's Paid Sick Leave law, an employee may use three (3)
days or 24 hours, whichever is greater, of accrued paid sick leave in a 12 -month period
for one of the following reasons:
1) For the employee's own diagnosis, care, or treatment of an existing health condition
or preventative care;
2) For the diagnosis, care, or treatment of an existing health condition or preventative
care for an employee's family member, including:
• Child (including a biological, adopted, or foster child, stepchild, legal ward, or a
child to whom the employee stands in loco parentis);
• Spouse or Registered Domestic Partner;
• Parent (including biological, adoptive, or foster parent, stepparent, or legal
guardian of an employee or the employee's spouse or registered domestic
partner, or a person who stood in loco parentis when the employee was a minor
child);
• Grandparent;
• Grandchild;
• Sibling.
3) To obtain any relief or services related to being a victim of domestic violence, sexual
assault, or stalking including the following with appropriate certification of the need
for such services:
• A temporary restraining order or restraining order;
• Other injunctive relief to help ensure the health, safety or welfare of themselves
or their children;
• To seek medical attention for injuries caused by domestic violence, sexual
assault, or stalking;
• To obtain services from a domestic violence shelter, program, or rape crisis
center as a result of domestic violence, sexual assault, or stalking;
• To obtain psychological counseling related to an experience of domestic
violence, sexual assault, or stalking;
• To participate in safety planning and take other actions to increase safety from
future domestic violence, sexual assault, or stalking, including temporary or
permanent relocation.
Revised June 2015 Page 2 of 3
Resolution No. 10645
Exhibit A
Paid Sick Leave Policy
Page 5
Notification Requirements
An employee shall provide reasonable advance notification of their need to use accrued
paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g.,
doctor's appointment scheduled in advance). Reasonable advance notification for this
purpose is defined as three (3) working days. If the need for paid sick leave use is
unforeseeable, the employee shall provide, at a minimum, a one (1) hour advance
notice to the supervisor or delegate prior to the start of the scheduled shift.
An employee who uses paid sick leave must do so with a minimum increment of one
hour of sick leave.
Separation of Employment
An employee will not receive compensation for unused accrued paid sick leave upon
termination, resignation, retirement or other separation from employment from the City
of San Luis Obispo. However, if an employee is a member of CaIPERS and is eligible
for service retirement, conversion of unused sick leave to additional retirement credit is
permitted.
Reinstatement
If an employee separates from the City of San Luis Obispo employment and is re -hired
within one year of the date of separation, previously accrued and unused paid sick
leave hours shall be reinstated to the extent required by law. However, if a rehired
employee had not yet worked the requisite 90 days of employment to use paid sick
leave at the time of separation, the employee must still satisfy the 90 days of
employment requirement collectively over the periods of employment with the City
before any paid sick leave can be used. If a rehired employee worked less than 30
days with the City of San Luis Obispo prior to separation, the 90 day waiting period
would start over at the time of reinstatement.
Revised June 2015 Page 3 of 3