O1953 (2)
CA f\atty\munl\laws\mJm\Slcklv-1 wpd
City Council Meeting 9-14-99
Santa Monica, California
ORDINANCE NUMBER 1953 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
THE SICK LEAVE PROVISIONS OF THE MUNICIPAL CODE TO
DELETE THE RESTRICTION ON USE OF SICK LEAVE FOR
WORK RELATED INJURIES AND TO CONFORM THE AMOUNT OF
SICK LEAVE ACCRUAL AND USAGE OF SICK LEAVE
TO PROVISIONS NEGOTIATED
IN MEMORANDUMS OF UNDERSTANDING AND
TO FEDERAL AND STATE LAW
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS-
SECTION 1 Section 204570 of the Santa MOnica MUnicipal Code shall be
amended to read as follows
2 04 570 Sick leave.
Sick leave shall be defined as follows
1 Absence from duty because of Illness, on the Job or off-the-Job
inJury, or exposure to contagIous dIseases as evidenced by certIfication from
an accepted medical authority, or
1
2 Absence from duty for leave provided by the Family and Medical
Leave Act, the Callforma FamIly RIghts Act or other applIcable federal or
state legislatIon
3 Other absences provided by resolution or Memorandum(s) of
Understanding approved or adopted by the City Council
Each Incumbent of a line-Item position shall accrue sick leave with
pay
1 FollOWing completion of SIX (6) calendar months of continuous
service, SIX (6) working days Subsequent accrual of sick leave shall be
regulated by resolution or Memorandum(s) of Understanding approved or
adopted by the City Council
2 A completed calendar month for which benefits herein shall accrue
IS defined as a calendar month in which the employee has been In pay status
for eleven (11) or more working days In that month
3 For all employees, Sick leave shall begin With the first day of Illness
unless regulated otherwise by resolution or Memorandum(s) of
Understanding approved or adopted by the City Council
4 FollOWing the completion of SIX (6) months of continuous servIce,
an employee shall be allowed to use accrued Sick leave to supplement
hIs/her worker's compensatIon benefIt up to the amount of the employee's
base salary
5 The foregOing benefits are cumulative subJect to the follOWing
restnctlons
2
a. Not more than one hundred thirty (130) working days may be
applied against sick leave for one given Illness
b Maximum accumulation of sick leave days and payment In lieu of
unused days may be further regulated by resolution or Memorandum(s) of
Understanding approved or adopted by the City Council It IS the specific
mtent of the City Council that this subsection shall be retroactIve to July 1,
1970
6 Full-time employment, for the purposes of this section, shall be
construed as the forty (40) hour week regardless of the hours actually
worked In a calendar week A line-Item pOSition Incumbent employed less
than forty hours per week shall accrue Sick leave In proportion of the Sick
leave for full time employment as the number of hours per week budgeted
m that posItion bears to the forty (40) hour week
7. Department Heads shall be responsible to the City Manager for the
uses of Sick leave Department Heads shall reqUire proof of Illness from an
authOrized medical authOrity for Sick leave In excess of five (5) consecutive
working days and may require such proof for periods of less than five (5)
consecutive working days
8 An employee who IS receiving disability payments under the
Worker's Compensation Act of California shall, unless increased or
decreased by a Memorandum of Understanding approved or adopted by the
City Council, receive the difference between the disability payments under
the Worker's Compensation Act and full salary dUring the first ninety days of
3
such disability absence, this penod of ninety (90) days or any portion thereof
shall not be deducted from accrued Sick leave
It IS the Intent of the City Council that this provIsion be retroactive to
July 1,1977
9 The right to benefits under the Sick leave plan shall continue only
dUring the period that the employee IS employed by the City This plan shall
not give any employee the right to be retained In the services of the City, or
to extend the date of his/her separation from the City through the use of Sick
leave, or any right or claim to Sickness disability benefits after separation
from the service of the City When an employee receives compensatIon
under the Workers' Compensation Act of California, such compensatIon
received shall be considered part of the salary to be paid to the employee
under the provISions of this sectIon The amount paid by the City shall be the
difference between the amount received by the employee from the State
Compensation Insurance Fund and the employee's base rate of pay.
10 Notwithstanding anythmg contained In this section, no employee
shall be entitled to receive any payment or other compensation from the City
while absent from duty by reason of inJuries or disability received as a result
of engaging In employment other than employment by the City for monetary
gain or other compensation, or by reason of engaging In bUSiness or actIvity
for monetary gam or other compensation other than bUSiness or activity
connected With hiS City employment
4
11 Any employee who IS absent because of sickness or other
physical disability shall notify his/her Department Head or other ImmedIate
Supervisor as soon as possible but In any event, dUring the first day of
absence
12 If the employee's absence on sick leave exceeds thirty (30)
calendar days, he/she must submit a return to work statement from the
treating physlclan(s) and, depending upon the employee's Job clasSification,
may also be required to pass a return to work physical exammatlon
administered by the City's physIcian prior to his/her reinstatement to City
service
13 At the request of the appomtlng authority, the Personnel Director
may require an employee to submit to an examination by the City's medical
examIner, and If the results of the examination indicate that the employee IS
unable to perform his/her duties or In the performance of his/her duties
exposes others to infection, the employee shall be placed on sick leave until
adequate medical eVidence IS submitted that the employee IS competent to
perform his/her duties, or will not subJect others to infection Any employee
so examined shall have the right to submit the reports of a competent
medical authOrity of his/her own selection, and at hiS own expense, In
addition to the report submitted by the City'S medical examiner In the event
of a conflict ofopmlon and/or recommendations of the two examiners, a thIrd
examiner shall be selected by the first two examiners, and a final deCision
shall be made by the Personnel Board based on the three reports.
5
SECTION 2 Any provIsion of the Santa MOnica MUnicipal Code or appendices
thereto inconsistent with the provIsions of this Ordmance, to the extent of such
inCOnsistencies and no further, are hereby repealed or modified to that extent necessary
to affect the provIsions of thiS Ordinance
SECTION 3 If any section, subsection, sentence, clause, or phrase of thiS
Ordinance IS for any reason held to be Invalid or unconstitutional by a deCISion of any court
of any competent JUriSdiction, such deCISion shall not affect the validity of the remaining
portions of thiS Ordinance The City Council hereby declares that It would have passed thiS
Ordinance, and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstItutional Without regard to whether any portion of the Ordmance
would be subsequently declared Invalid or unconstitutional
SECTION 4 The Mayor shall sign and the City Clerk shall attest to the passage of
thiS Ordinance The City Clerk shall cause the same to be published once In the offiCial
newspaper Within 15 days after Its adoption ThiS Ordinance shall become effective after
30 days from ItS adoption
APPROVED AS TO FORM
!VJLUJu<filM )k<i.
MARSHA J8>NES MOUTRIE
Clty\6.ttorney
6
Adopted and approved thIs 14th day of September, 1999
'-'-t:1'V'\~'1-
am O'Connor. Mayor
\
..
State of Cahforrua )
County of Los Angeles ) ss
CIty of Santa Moruca )
L Mana M Stewart. CIty Clerk of the City of Santa Momca. do hereby cerufy that the
foregomg Ordmance No 1953 (CCS) had Its first readmg on August 17, 1999, and was
adopted on September 14, 1999, by the followmg vote
Ayes
Councll members Holbrook, Bloom, McKeown,
Femstem, Bloom, Mayor Pro Tern Genser, Mayor
O'Connor
Noes
CouncIl members None
Abstam
Councll members None
Absent
CouncIl members None
~~~- llh-~~
Mana M Stewart, CIty X:I;k-