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O1953CA:f\atty\m u n i\laws\mj m\sicklv-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 2.04.570 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 California 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 restrictions: 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 intent 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 in 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 3 ninety 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 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 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 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 gain 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 physician(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 reinstatement to City service. 13. At the request of the appointing 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 of opinion and/or recommendations of the two examiners, a third examiner shall be 5 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 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 Ordinance 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: S/ 6 MARSHA JONES MOUTRIE City Attorney Adopted and approved this 14t" day of September, 1999. State of California ) County of Los Angeles ) ss. City of Santa Monica ) S/ Pam O'Connor, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 1953 (CCS) had its first reading on August 17, 1999, and was adopted on September 14, 1999, by the following vote: Ayes: Council members: Holbrook, Bloom, McKeown, Feinstein, Rosenstein, Mayor Pro Tem Genser, Mayor O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: S/ Maria M. Stewart, City Clerk 7