SR-8A (36)
SA
f \person. mlsc/councll\staffrpt\councI38
Council Meeting August 17, 1999
AuG i 7
Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Introduce for First Reading an OrdlnanceAmendrng the
Sick Leave PrOVISions of the MUniCipal Code to Delete the Restnctlon 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
INTRODUCTION
ThiS report recommends that City Council Introduce and hold first reading of an ordinance
amending the Sick leave proVIsions of the Municipal Code to delete the restriction on the
use of Sick leave for work-related InJunes 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 (Family and Medical Leave Act and the California Family Rights
Act)
DISCUSSION
The Meyers-Mlllas-Brown Act governs labor-management relationships In California local
government Cities, counties, and most speCial dlstncts are covered by the law which
appears In the California Government Code Sections 3500-3510 Under the Meyers-
Mllras-Brown Act, the City of Santa MOnica IS requrred to meet and confer In good faith
regarding wages, hours, and other terms and conditions of employment With
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AUG 1 7 1999
representatives of recognized employee organizations The use and accrual of sick leave
are mandatory subjects of bargaming under the Meyers-Mlllas-Brown Act As a result, the
City has negotiated provIsions In Memorandums of Understanding between the City and
ItS various bargalnmg Units which pertain to the use and accrual of sick leave Some of
those provIsions do not conform to the Santa MOnica MUniCipal Code provISions regarding
SIck leave. The proposed ordinance would amend the sick leave provIsions of the
MUniCipal Code to delete the restriction on the 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
BUDGET/FISCAL IMPACT
The attached ordinance would not result In a budget or financial Impact to the City other
than that which has already been taken mto account With regard to the Memorandums of
Understanding which have been adopted by the City CounCil
RECOMMENDATION
It IS recommended that the attached ordinance be Introduced for first reading
Prepared by
Barbara Greenstein, Deputy City Attorney
Karen Bancroft, Director of Personnel
CA f\atty\munl\laws\mJm\slcklv ord
City Council Meetmg 8-17-99
Santa MOnica, CalIfornia
ORDINANCE NUMBER
(CCS)
(City Council Senes)
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 authonty, or
2 Ab56iiC6 fiCiIi duty di..i6 tc t:'6 d6Ci.th 0f Ci. i1i6i1ib6i cf t:'6 6i1ip:Cj"66'5
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5:;0:: iiut 6j(C66G fj'v'6 (5) 'v'vuikiiig doys Absence from duty for leave provided
by the Family and Medical Leave Act, the California Family Riqhts Act or
other apphcable federal or state legislation
3 Other absences provided by resolution or Memorandum(s) of
Understandmg approved or adopted by the City Council
Each mcumbent of a line-Item pOSition shalf accrue Sick leave With
pay on the follOWing bases'
1 Followmg completion of SIX (6) calendar months of continuous
service, SIX (6) workmg days
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service 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 forwhlch benefits herein shall accrue
IS defined as a calendar month m which the employee has been In pay status
for eleven (11) or more workmg days In that month
3 For all employees, Sick leave shall begin With the first day of Illness
I,Jnless regulated otherwise by resolution or Memorandum(s) of
Understandmg approved or adopted by the City Council
2
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
4- ~ The foregomg benefIts are cumulative subject to the following
restrictions
a Not more than one hundred thJrty (130) workmg 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
Intent of the City Council that thiS subsection shall be retroactive to July 1,
1970
5 Q 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 posltlon 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
In that pOSItion bears to the forty (40) hour week
61 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 penods of less
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than five (5) consecutive working days
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8 An employee who IS receIVIng disability payments under the
Worker's Compensation Act of California shall, unless Increased or
decreased by a Memorandum ofUnderstandmg 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 mnety days of
such disability absence, thiS period of ninety (90) days or any portion thereof
shall not be deducted from accrued Sick leave
It IS the mtent 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
dunng the penod that the employee IS employed by the City ThiS plan shall
not give any employee the right to be retamed 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 VVorkmen'g 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 regular
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base rate of pay
10 Notwlthstandmg anything 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 InJunes 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 engagmg m bUSiness or activity
for monetary gain or other compensation other than bUSiness or activity
connected with hiS City employment
11 Any employee who IS absent because of sickness or other
phYSical disability shall notify his/her Department Head or other Immediate
superior officer Supervisor as soon as possible but In any event, dunng the
first day of absence
12 If the employee's absence on sick leave exceeds thirty (30)
calendardays he/she must submit a _L_L____L --..I -_..1.__1 __......c:__.._ -- --
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c.ffiCia: City f..J,i1i 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 examination administered by the City's
phYSICian prior to his/her bemg gFBnted reinstatement to City service
13 At the 'v'v'rltten request of the appointing authonty, the Personnel
DIrector may requIre an employee to submIt to an examInatIon by the CIty'S
medical examiner, and If the results of the exammatlon Indicate that the
employee IS unable to perform h\s/herdutles or In the performance of his/her
dutIes exposes others to mfectlon, the employee shall be placed on sIck
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leave VV'iHiOi.it jJii'y'i:~9~ of i6iiiStCit~iIi~i1t, 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
selectron, and at hIs own expense, In addrtron to the report submItted by the
City's medical examiner; 1m the event of a conflict of opinion 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
SECTION 2 Any provIsion of the Santa Monica MUniCipal Code or appendices
thereto inconsistent with the provIsions of thiS Ordinance, 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 ofthls 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 Ordinance
would be subsequently declared invalid or unconstitutional
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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
.{1 ~{~. .
(/ flLL:~ t A-fM/AU JLat~
MARSHA J0'JES MOUTRI E
City Attorney
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