HomeMy WebLinkAbout23 - CC-10 - Adoption of Resolution 15- to Repeal - 7/7/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 7, 2015
ITEM NUMBER: CC -10
SUBJECT: ADOPTION OF RESOLUTION 15- TO REPEAL COUNCIL POLICY 300-4
(GENERAL LEAVE) TO BE REPLACED BY ADMINISTRATIVE REGULATION 2.xx
(GENERAL LEAVE) PURSUANT TO REQUIREMENTS OF "HEALTHY WORKPLACE,
HEALTHY FAMILIES ACT OF 2014."
DATE: JUNE 25, 2015
FROM: CEO's OFFICE / HUMAN RESOURCES DIVISION
PRESENTATION RYAN THOMAS, PRINCIPAL HUMAN RESOURCES ANALYST
BY:
FOR FURTHER INFORMATION CONTACT: LANCE NAKAMOTO,
HUMAN RESOURCES MANAGER, (714) 754-5172
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 15- which repeals Council
Policy 300-4 regarding Part -Time Employee General Leave and authorize the City CEO to
implement Administrative Regulation 2.xx in compliance with "Healthy Workplace, Healthy
Families Act"
BACKGROUND:
Effective July 1, 2015, the "Healthy Workplaces, Healthy Families Act" (Act) requires that all
employees be provided paid sick leave (including part-time employees). This leave shall be
accrued at the rate of 1 hour of sick leave for every 30 hours worked. The cap for accrued
leave banks must be set at a minimum of 3 days or 24 hours of paid sick leave to be provided
during a 12 -month period.
Use of sick leave by the City's full-time employees remains largely unaffected by this law. It
primarily affects part-time employees within the first 6 -months of employment with the City.
ANALYSIS:
Council Policy 300-4 (attached) establishes the City's "Part -Time Employees General
Leave Program." The Act provides 1 hour of leave to be accrued for every 30 hours
worked. Council Policy 300-4 currently provides 1.26 hours of leave for every 30 hours
worked. However, the Act requires that part-time employees begin accruing leave
immediately upon the first hour worked and be able to use it after 90 days of employment.
Presently, under Council Policy 300-4, the accrual of general leave does not begin until
a part-time employee works their first 520 hours.
Administrative Regulation 2.xx (attached) establishes a new accrual rate of 1 hour of
leave for every 30 hours worked effective upon the date of hire as required to comply with
this law. The Administrative Regulation also ends the current practice of "paying out"
leave accruals to employees in excess of the 84 hour cap. Should it be implemented,
general leave accruals will now cease with no payout once the cap is reached. This is to
be consistent with the existing policy and procedure for full-time employees reaching the
maximum vacation accruals.
FISCAL REVIEW:
The new accrual rate established by the Act would provide 17.68 general leave hours earlier
than present accrual rate provided by Council Policy 300-4. Presently there are
approximately 21 part-time employees within their first 520 hours of employment with the
City, their average hourly pay is $17.76. This equates to approximately $6,594 of leave
earned within what is presently a 520 hour "waiting period" prior to the accrual of leave.
LEGAL REVIEW:
The attached resolution has been reviewed by the City Attorney's Office and approved as
to form.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No.15- to repeal Council
Policy 300-4 and authorize the City CEO to implement Administrative Regulation 2.xx
(attached) in order to comply with the "Healthy Workplace, Healthy Families Act."
Human Resources Manager
STEVE DUNIVENT
Interim Director of Finance
DISTRIBUTION: Chief Executive Officer
City Attorney
City Clerk
ATTACHMENTS: I Council Policv 300-4
RYAN L. THOMAS
Principal Human Resources Analyst
THOMAS DUARTE
City Attorney
II Resolution No.
III Draft Administrative Regulation 2.xx
0