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
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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:
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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
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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.
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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
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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/
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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
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