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Home My WebLink AboutRES 2023-33RESOLUTION NO. 2023-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S PERSONNEL RULES AND REGULATIONS EFFECTIVE JANUARY 11 20240 WHEREAS, the City Council of the City of Diamond Bar adopted Resolution No. 2023-18 on June 6, 2023 approving Personnel Rules and Regulations; and WHEREAS, the purpose of the Personnel RUles and Regulations is to facilitate efficient and economical services to the public and to establish lawful procedures for dealing with personnel matters; and WHEREAS, it is necessary from time to time to update the Personnel Rules and Regulations; and WHEREAS, the Personnel Rules and Regulations do not create any contract of employment, expressed or implied, or any rights in the nature of a contract; and WHEREAS, the City Council desires to comply with Senate Bill No. 616 and increase the minimum number of paid sick leave hours for part-time non- benefitted/intermittent/seasonal employees to 40 hours per year; and WHEREAS, with the adoption of this Resolution, the revised Personnel Rules and Regulations will become effective January 1, 2024; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby resolve as follows: Section 1. That the Personnel Rules and Regulations are amended revising Personnel Rules and Regulations Rule XII Attendance and Leaves, Section 3 Sick Leave, to increase the minimum number of paid sick leave hours for part-time non- benefitted/intermittent/seasonal employees to 40 hours per year as shown in Exhibit A attached hereto. PASSED, APPROVED AND ADOPTED this 21St day of November, 2023. CITY OF DlAlllt'OND BAR drew Chou, Mayor Resolution No. 2023-33 I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 21st day of November 2023, by the following vote: AYES: NOES: ABSENT: ABSTAINED COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou None None None Kristina Santana, City Clerk Attachment: Exhibit "A" -Personnel Rules and Regulations, Rule XII Attendance and Leaves, Section 3 Sick Leave 2 EXHIBIT "A" Section I Sick Leave: Sick Leave is defined as the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. Sick leave may also be taken for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee, an employee's family member (includes parent, child, spouse, registered domestic partner, parent -in- law, sibling, grandchild or grandparent); or for an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code section 230(c) and Labor Code Section 230.1(a). Sick leave shall not be considered a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity for the reasons provided in this policy. (a) Accrual and Use of Sick `Leave: The following sick leave amounts provided shall be available for use following 90 days of employment. Full -Time Benefitted Employees: Full-time benefitted employees accrue sick leave for each payroll period completed, prorated on the basis of 80 hours per year, or 3.08 hours per pay period. Full-time benefitted employees can carry-over their accrued sick leave year to year up to a cap of 200 hours. Part -Time Benefitted Employees: Part-time benefitted eI ployees accrue prorated sick leave based on the full-time benefitted employee amounts and terms as noted above. Part-time benefitted employees can carry-over their accrued sick leave year to year up to a cap of 200 hours. For example, if a part-time benefitted employee is half-time (50%) and is scheduled to work 1,040 hours in a fiscal year, the employee would be entitled to 40 hours of accrued sick leave which is half the full-time benefitted employee accrual rate. Seasonal and Intermittent Part -Time Employees: Beginning �u',y ��O;�January 1, 2024, seasonal and intermittent part -_time employees are eligible for an allotment of 24-40 hours of paid sick leave on an annual basis. The full allotment of 24-40 hours of paid sick leave will be given on July January 1st each year. Employees hired after July January 1st will be given the full allotment of 24-40 hours of paid sick leave on the day the employee begins employment. Employees are eligible to take 24 hours of paid sick leave after 90 days of employment and an additional 16 hours of paid sick leave after 200 calendar days of employment. Paid sick leave for seasonal and intermittent employees is not accrued, aPA--cannot be carried over to the following year ands is it -not paid out upon employment separation. (b) Minimum Use: The minimum charge against accumulated sick leave shall be 15 minutes or multiples thereof. Approved sick leave with pay shall be compensated at the employee's base rate of pay. (c) Proof of Qualifying Reason for Leave: If an employee is absent longer than three (3) days or 24 hours due to a reason covered by this policy, the Department Directors or Division Managers may require a physician's certificate and/or other medical evidence/certification verifying the need for leave before the City honors any sick leave requests. The City may withhold sick leave if it suspects that sick leave has been misused. An employee who is absent in order to obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking must provide appropriate certification of the need for such services. The following types of certification shall be sufficient: (1) a police report indicating that the employee was a victim of domestic violence, sexual assault, or stalking; (2) a court order protecting or separating the employee from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee has appeared in court; (3) documentation from a licensed medical professional, domestic violence counselor, a sexual assault counselor, licensed health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence, sexual assault, or stalking. (d) Notification: If the need to use accrued paid sick leave is foreseeable, then, in order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor or Department Director or Division Manager prior to or within two (2) hours after the time set for the beginning of his/her regular duties. If the need for paid sick leave is not foreseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as practicable. (e) Violations: Violation of sick leave privileges may result in disciplinary action when in the opinion of the Department Director or Division Manager, the employee has been excessively absent or has abused such privileges. (f) Sick Leave Payout: Each benefitted employee shall be paid annually for all accrued sick leave in excess of the maximum allowable accumulation of 200 hours at a rate of one-half (1/2) the employee's current wage at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated Sick Leave at a rate of one-half (1/2) of the employee's current rate of pay at his or her date of separation. (g) Employees on Unpaid Leave: Employees on unpaid leave do not accrue Sick Leave.