The city manager shall be responsible for assigning or modifying work schedules. Unless otherwise prescribed in writing by the city manager, the workweek and work schedule for each position shall be as follows:
A. 
Workweek. The workweek for full-time positions shall be 40 hours unless otherwise defined in applicable labor agreements. Other exceptions may include employees working under an approved flexible schedule.
B. 
Work Schedule. The work schedule for each position shall be as established by the department head who may change such schedules from time to time based on departmental operations and approval of the city manager.
C. 
Flexible Schedules. Flexible schedules may be approved by the city manager upon recommendation of the director and justification by a department head.
D. 
FLSA Work Period. For purposes of the Fair Labor Standards Act (“FLSA”), the work period for city employees shall be as follows:
1. 
Seven days (Saturday 12:00 a.m. through Friday 11:59 p.m.); or
2. 
Employees working a 9/80 alternative work schedule shall have an FLSA workweek in accordance with 29 C.F.R. Section 778.105. An employee’s 9/80 workweek, for FLSA purposes, will begin four hours after the start time of the day of the week which constitutes the employee’s regular day off (the “eight-hour flex day off”). The workweek shall end exactly 168 consecutive hours later, four hours into the scheduled eight hour workday. After a schedule has been established, neither the eight-hour day nor the flex day off shall be changed. The employee’s permanent schedule shall be documented and kept with the employee’s department/division timekeeper.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012; Ord. 5674 § 21, 2016)
Employees subject to work shifts during periods of time changes to daylight savings or standard time shall be paid for actual hours worked.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
Employees are expected and required to report to their prescribed work location at the designated time work activities are scheduled to commence. Tardiness, unexcused absences and failure to report as described in these rules and regulations may be grounds for disciplinary action. In the event an employee cannot report to work on time, the employee shall notify the immediate supervisor prior to or not later than 15 minutes after the start of the day’s/shift’s work. Department heads may grant reasonable exceptions to the rule where unusual, extenuating circumstances can be verified.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
A. 
Emergency Call Back. Many classes of employment in city service are subject to routine or periodic emergency call-back work as an inherent and integral part of the assigned job responsibilities in order to provide continuous public services deemed to be necessary and appropriate by the city manager. Classes and positions in service subject to emergency work hours shall be designated by the city manager.
B. 
Current Contact Information. Employees who occupy positions designated for emergency work hours, including callback, shall be required to keep the city apprised of a current telephone number where they can normally be reached during off-duty hours, and such employees shall be required to respond to such emergency work calls by the city within a reasonable amount of time, unless the employee is incapacitated or can give other just cause for not responding.
C. 
Call Back Pay. All classified employees, except management employees, are entitled to a minimum call-back pay of two hours, subject to restrictions provided in the applicable MOU, at the appropriate overtime rate when said employee is required to return to work after leaving the work site at the end of the scheduled workday or required to return to work on a scheduled day off. This provision does not apply when an employee is required to work beyond the normal workday/shift without having been called to return to work.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
Employees who are absent from assigned work stations and schedules for three consecutive workdays (or two work shifts where applicable), without official leave approval shall be considered absent without leave. In such cases the department head shall give notice in person or by first class mail to the absent employee’s last known address, notifying the employee to report to work or give good reason why work cannot be resumed by the next workday/shift after receipt of such notice. Should the employee fail to respond by the next workday/shift after notice, or should such notice be returned to the city as undeliverable, such employee shall be deemed to have voluntarily resigned from city employment. Additionally, should such employee return to work following an unauthorized absence, the employee may be subject to disciplinary action.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012; Ord. 5674 § 22, 2016)
A. 
Management Employees. Management employees will be issued management leave hours in accordance with the Management and Confidential Employees Terms, Conditions and Understandings adopted by resolution of the city council.
B. 
City Manager, City Attorney. The city manager and the city attorney will be issued management leave hours in accordance with their respective contracts.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012; Ord. 5252 § 1, 2013)
The purpose of vacation leave is to provide eligible employees the opportunity to take paid time off from their job responsibilities in order to maintain a high standard of mental, emotional and physical conditioning.
A. 
Eligibility. All full-time and part-time employees in the classified service and unclassified service as defined in Section 3.01.050(B)(1) shall be entitled to annual vacation leave with pay. Each employee will be granted the accrued vacation hours pursuant to the accrual schedule as noted in subsection B. Exceptions to this provision shall only be granted in unusual circumstances substantiated by the department head in a recommendation to the city manager, who may approve or disapprove such variances.
B. 
1. 
Accrual. Unless otherwise specified in applicable labor agreements, each full-time eligible employee identified in subsection A shall accrue vacation leave, subject to the conditions stated in this section, with pay as follows:
Service Category
Biweekly Accrual
Days/Year Equivalent
Max. Hours Accrual
New employee to completion/4th year
3.693/hr
12 days (96 hours)
192
Start of 5th year to completion/9th year
4.307/hr
14 days (112 hours)
240
Start of 10th year to completion/14th year
4.923/hr
16 days (128 hours)
272
Start of 15th year to completion/19th year
5.538/hr
18 days (144 hours)
304
Start of 20th year and succeeding years
6.153/hr
20 days (160 hours)
336
Employees working a part-time schedule will accrue vacation hours on a prorated basis, in proportion to the fulltime equivalent (FTE).
2. 
As noted in subsection A of this section, new employees shall earn vacation at the biweekly rate shown above, commencing on the date of hire. Eligible employees shall advance to the next higher rate of accrual upon completion of the maximum number of years at the lower accrual rate, and shall begin to accrue at the higher rate at the start of their qualifying year.
3. 
The maximum accrual of vacation hours may not exceed the employee’s annual accrual rate as specified above. This maximum level is monitored at the employee’s hire anniversary date. If accrued hours exceed such amount as of the hire anniversary date, vacation accrual will be suspended until the balance is brought below the maximum accrual amount.
4. 
If the accrued amount exceeds specified limits, the employee shall take leave for the excess number of vacation hours or, if the department head determines that operational necessity will not permit taking such leave, the employee may be paid the straight time hourly equivalent for not more than 20 hours. Additionally, when excess vacation accrues during an employee’s disability leave, jury duty, or military leave as provided in these rules, the employee shall be allowed to liquidate such excess accrual within 30 calendar days following return to duty, by means of taking such leave time or receiving straight time hourly equivalent compensation for not more than 20 hours of vacation.
C. 
Use. An employee may elect to take all or part of earned vacation, or may carry over to the next service year all or part of earned vacation as approved by the department head and consistent with the provisions of subsection B of this section. However, the dates and amount of vacation selected by the employee shall be subject to approval of the employee’s supervisor. Vacation leave shall generally be taken in minimum increments of one full workday/work shift, except that unusual, emergency, necessary and infrequent use of vacation leave may be granted in one-hour increments. Employees must request vacation leave at least 10 workdays prior to the desired start of vacation leave. Under unusual or personal emergency circumstances, employees may request and supervisors may consider the approval of vacation leave with fewer than 10 working days’ notice. In the event it becomes necessary to call an employee back to work from a scheduled vacation, the employee shall be credited with the unused vacation hours and shall have the opportunity to take such remaining vacation leave at a time of the employee’s choosing and the supervisor’s approval.
D. 
Holidays Within Vacation Leave. Except for shift personnel in police, fire and the water/wastewater and power plants, holidays which occur during a scheduled vacation period shall be counted as a holiday. Employees may request in advance that they extend their vacation leave by the number of holidays occurring within their scheduled leave, or they may request fewer vacation hours which, together with the holiday(s), will comprise the total time period of their scheduled leave.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012; Ord. 5121 § 3, 2012; Ord. 5252 § 1, 2013; Ord. 5674 § 23, 2016)
Employees may voluntarily donate accrued leave time for credit to another non-probationary employee who suffers a non-industrial related catastrophic illness or injury or for the extended care of an employee’s immediate family member (as defined in Section 3.00.420). Such donation shall be made in accordance with the following:
A. 
Eligibility. The recipient employee must be off work for a minimum of 30 consecutive calendar days and must have exhausted all accrued leave (vacation, sick leave, compensatory time, etc.) prior to receiving donated leave.
B. 
Donations. A donor employee may voluntarily donate hours in any calendar year as provided for in the donor’s applicable labor agreement.
All donations are irrevocable. All unused hours shall remain with the recipient employee.
C. 
Maximum Donation. Depending on the work schedule of the employee, maximum donations to any one classified recipient employee in any one calendar year shall be as follows:
1. 
Flex schedule and 40-hour per week employees—60 days (480 hours);
2. 
24-hour shift employees—20 shifts (480 hours).
D. 
Benefits. A recipient employee shall be eligible for health benefits while on catastrophic leave with donated time for a maximum of 60 calendar days; however, a recipient employee shall not accrue vacation or sick leave during this period.
E. 
Immediate Family Member Care. For care of an immediate family member, the employee must provide medical certification that the family member is in need of extended care from the employee, as well as an estimated amount of time required to attend to the immediate family member. Extended care of an immediate family member must be used continuously and not on an intermittent basis. Requests shall be evaluated by the employee’s department head and the director to determine the amount of catastrophic leave to be requested in each instance.
F. 
Tax Liability. An employee donating accrued leave or receiving donated leave shall be deemed to have waived all tax liability of the city through the establishment of the catastrophic sick leave program.
(Ord. 3213 § 1, 1998; Ord. 3799 § 1, 2002; Ord. 3840 § 1, 2002; Ord. 5013 § 11, 2012)
A. 
General. The objective of this section is to provide methods of furthering the health and general welfare of city employees, as well as ensuring maximum and reasonable job attendance. Sick leave is paid time away from work duties in the event of one of the following circumstances:
1. 
Actual Illness or Injury of the Employee. For any illnesses or injuries that arose out of employment (either with the city or an outside employer), the employee shall be charged with sick leave usage only to the extent that the employee’s compensation is not covered by workers’ compensation;
2. 
The employee’s exposure to a contagious disease;
3. 
Where the employee’s medical attention to an immediate family member, as defined in these personnel rules, is required due to the immediate family member’s illness, injury or pregnancy related medical condition;
4. 
Medical or dental appointments of the employee, or employee’s immediate family members;
5. 
Emergency leave due to the death or imminent death of family members;
6. 
Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s immediate family member;
7. 
For an employee who is a victim of domestic violence, sexual assault, or stalking and needs to take leave for purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1 of the California Labor Code, as such sections may be amended.
B. 
Accrual/Use. Sick leave is accrued by all classified employees on the basis of biweekly payrolls. On each day following completion of one month of continuous service, eligible full-time employees shall receive credit for eight hours or one-half of a 24-hour shift leave with pay, the total of which shall not exceed 12 days or six shifts in any 12month period. Sick leave may be used for those purposes listed above. Employees on a modified schedule work assignment shall accrue sick leave on a pro rata basis of hours worked, but in no case will earn less than one hour of sick leave for every 30 hours worked. Maximum accumulation of sick leave shall be unlimited.
Employees may be granted sick leave in minimum units of one-half hour for those reasons specified in subsection A of this section, provided that such time has been earned.
Department heads may require probationary employees to support each incident of sick leave use by a written certification from a health care provider as set forth in subsection H below, except that a written certification from a health care provider shall not be required in order for an employee to receive paid sick leave for the first 24 hours of sick leave used in a 12-month period. Nevertheless, a written certification from a health care provider may be required at the discretion of the department head in order to determine whether an employee is abusing sick leave for the first 24 hours of sick leave used in a 12-month period. For purposes of this section, the 12-month period is calculated on a calendar year basis.
Employees shall not use sick leave for disabilities determined to be job-related, except as provided for in Section 3.12.100, nor shall employees be allowed to use sick leave for the sole purpose of utilizing such accrued time prior to separation from service except as provided for in applicable labor agreements.
C. 
Illness/Injury During Vacation. An employee who becomes ill or injured while on vacation may have such period of illness/injury charged to the employee’s accumulated sick leave rather than vacation, provided that immediately upon return to duty, the employee submits to the department head a written request for sick leave, accompanied by a written certification from a health care provider that complies with subsection H below. A written certification from a health care provider is not required in order for an employee to receive paid sick leave for the first 24 hours of sick leave used in a 12-month period, but may be required at the discretion of the department head in order to determine whether an employee is abusing sick leave. For purposes of this section, the 12-month period is calculated on a calendar year basis.
D. 
Holidays During Sick Leave or Disability. Observed holidays occurring during paid sick leave shall not be counted as a day of sick leave or disability, but shall be regarded as the taking of a holiday.
E. 
Funeral and Bereavement Leave. All regular non-24-hour shift employees may be granted a maximum of eight days (64 hours) of sick leave and all regular 24-hour shift employees may be granted a maximum of three shifts (72 hours) of sick leave for each instance to:
1. 
Attend the funeral of an immediate family member (as defined in these personnel rules), brother-in-law and/or sister-in-law.
2. 
Deal with matters related to the death, or critical illness where death appears imminent, of any member of the employee’s immediate family.
Requests for funeral and bereavement leave shall be evaluated by the employee’s department head to determine the appropriate amount of leave to be granted in each instance.
F. 
Procedure to Receive Sick Leave. To qualify for paid sick leave, the employee must notify the first level management supervisor in the work unit prior to or not later than one hour after the start of the day’s/shift’s work. In the event sick leave is required by the employee for an unforeseen emergency during the work day or shift, department management personnel shall use reasonable discretion in the exercise of requiring notification, and the employee shall immediately request permission for absence and use of sick leave from the available departmental management personnel. Emergency, as used herein, refers to funeral or bereavement leave or a medical emergency involving the employee or immediate family members.
Written certification from a health care provider is not required for an employee to receive paid sick leave for the first 24 hours of sick leave used in a calendar year. Generally, written certification from a health care provider is not required for sick leave absences of less than five consecutive days or two and one-half consecutive shifts, unless it is deemed necessary for the protection of the city’s interests, and in cases of probationary employees when required by the department head in order to determine abuse of sick leave. However, absences of more than five consecutive days or more than two and one-half consecutive shifts may be required to be supported by written certification from a health care provider. For all employees, the city reserves the right to request written certification in situations indicating potential sick leave abuse.
Generally, a department director may require that the employee provide written certification from a health care provider when he or she has been absent due to illness or injury for more than five consecutive days. However, the city reserves the right to require written certification. When requested consistent with these limitations, the written certification must include the following information:
1. 
The employee’s name.
2. 
The name and address of the health care provider.
3. 
A statement by the health care provider that the employee is under the care of the health care provider and that the illness/injury prevents the employee from performing his or her duties.
4. 
Date(s) employee was seen or will be seen by the health care provider.
5. 
Certification must be signed (not signature stamped) by the health care provider.
If, in the opinion of the department head or the director, any single occurrence of an employee’s use of sick leave was in connection with a condition that may be detrimental to the health and welfare of other employees, or the community either of these officers may require the employee to obtain a medical release from a health care provider of the city’s choice and at the city’s expense.
In all instances of sick leave, certification of approved or disapproved use shall be made by the employee’s supervisor. The director will prescribe all forms related to the city’s sick leave use policy, and shall maintain accurate records of sick leave use, including annual surveys to determine possible corrective measures.
G. 
Sick Leave—Other Leave Balances. When an employee is absent from work due to any of the circumstances described in subsection A, and the employee’s sick leave balance has been depleted, the employee may use other accrued leave such as compensatory time and vacation. The employee must exhaust all available leave balances before taking leave without pay. Holiday hours and management leave may not be utilized when sick leave is exhausted.
H. 
Sick Leave Without Pay. Employees may be granted sick leave without pay pursuant to Section 3.12.130 of these personnel rules.
I. 
Abuse of Sick Leave. Abuse of sick leave may be grounds for discipline. Abuse will be determined on a caseby-case basis. Sick leave abuse includes, but is not limited to, failure to abide by the provisions of these personnel rules, and use of sick leave for reasons other than those listed in these personnel rules.
J. 
Payment for Unused Sick Leave. Payment for unused sick leave is authorized by the city as a means of rewarding employees who have made conscientious efforts to maximize their attendance on the job.
Non-probationary employees in the classified service and unclassified service as defined in Section 3.01.050(B)(1), regardless of service length, shall be entitled to a minimum payment as follows: (1) for sick leave accrued (not pro rata) up to their date of separation as set forth below; or (2) 48 hours, whichever is less. However, employees whose separation is caused by dismissal shall not be entitled to payment for unused sick leave.
No more than the maximum sick leave amount listed in the tables below may be used in ascertaining the amount of time for which the employee will be compensated at time of resignation or retirement.
1. 
Local 39, RPA, IBEW and RFF employees will receive payment for unused sick leave as follows:
Non-24-Hour Shift Number of Sick Leave Hours Accumulated
24-Hour Shift Number of Sick Leave Hours Accumulated
Percent of Compensation Given
 
Max
 
Max
956 to
1200
1434 to
1800
60%
764 to
955.99
1146 to
1433.99
50%
572 to
763.99
858 to
1145.99
40%
380 to
571.99
570 to
857.99
30%
188 to
379.99
282 to
569.99
20%
0 to
187.99
0 to
281.99
0%
2. 
Management, confidential and RPOA employees will receive payment for unused sick leave as follows:
Non-24-Hour Shift Number of Sick Leave Hours Accumulated
24-Hour Shift Number of Sick Leave Hours Accumulated
Percent of Compensation Given
 
Max
 
Max
1200 to
1600
1800 to
2400
70%
956 to
1199.99
1434 to
1799.99
60%
764 to
955.99
1146 to
1433.99
50%
572 to
763.99
858 to
1145.99
40%
380 to
571.99
570 to
857.99
30%
188 to
379.99
282 to
569.99
20%
0 to
187.99
0 to
281.99
0%
3. 
In the event of a job-related death, the beneficiary of the employee, as shown on the records of the Public Employees’ Retirement System, shall be paid for those sick leave and vacation days for which the employee would have been paid had employment terminated on the date of death.
4. 
In the event of a non-job-related death of firefighting personnel, the beneficiary of the employee as described above shall be paid for 100 percent of the employee’s unused sick leave at the time of his or her death up to the maximum sick leave amount listed in the tables above for accumulated sick leave.
K. 
Sick Leave Pay Out Upon Retirement. Any sick leave balances remaining after payment pursuant to subsection N shall be converted to PERS service credit.
(Ord. 3213 § 1, 1998; Ord. 3730 § 1, 2001; Ord. 3799 § 1, 2002; Ord. 3839 § 1, 2002; Ord. 4360 § 1, 2006; Ord. 4690 § 1, 2008; Ord. 5013 § 11, 2012; Ord. 5121 § 3, 2012; Ord. 5462 § 3, 2015; Ord. 5692 § 3, 2016)
A. 
Purpose. The provisions of this section are intended to comply with the Healthy Workplaces, Healthy Families Act of 2014 as to temporary and seasonal employees. All references to “employees” as used in this section shall refer to temporary and seasonal employees employed by the city.
B. 
Accrual. Beginning 30 calendar days after commencement of employment, employees shall accrue paid sick leave at the rate of one hour per every 30 hours worked. Employees shall be entitled to use such sick leave beginning on the 90th day of employment. Accrued sick leave shall carry over to the following year of continuous employment except that an employee’s accrual of sick leave shall not exceed a total of 48 hours.
C. 
Use. Employees can use up to a maximum of 24 hours of sick leave within a 12-month period. For purposes of this section, the 12-month period is calculated on a calendar year basis. Employees are not allowed to use paid sick leave before it accrues. Employees may be granted sick leave in minimum units of one-half hour for the following purposes:
1. 
Actual illness or injury of the employee. For any illnesses or injuries that arose out of employment (either with the city or an outside employer), the employee shall be charged with sick leave usage only to the extent that their compensation is not covered by Workers’ Compensation;
2. 
The employee’s exposure to a contagious disease;
3. 
Where the employee’s medical attention to an immediate family member, as defined in these personnel rules, is required due to the immediate family member’s illness, injury or pregnancy related medical condition;
4. 
Medical or dental appointments of the employee, or employee’s immediate family members;
5. 
Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s immediate family member;
6. 
For an employee who is a victim of domestic violence, sexual assault, or stalking and needs to take leave for purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1 of the California Labor Code, as such sections may be amended.
D. 
Procedure to Receive Sick Leave. To qualify for paid sick leave, the employee must notify his or her supervisor prior to the start of the day’s/shift’s work. In the event sick leave is required by the employee for an unforeseen emergency during the work day or shift, department management personnel shall use reasonable discretion in the exercise of requiring notification, and the employee shall immediately request permission for absence and use of sick leave from his or her supervisor. Emergency, as used herein, refers to a medical emergency involving the employee or immediate family members. A written certification from a health care provider shall not be required in order for an employee to receive paid sick leave, but may be required at the discretion of the department head in order to determine whether an employee is abusing sick leave.
E. 
Abuse of Sick Leave. Abuse of sick leave may result in dismissal. Abuse will be determined on a case-bycase basis. Sick leave abuse includes, but is not limited to, failure to abide by the provisions of these personnel rules, and use of sick leave for reasons other than those listed in these personnel rules.
F. 
Payment for Unused Sick Leave. Payment for unused sick leave is authorized by the city as a means of rewarding employees who have made conscientious efforts to maximize their attendance on the job. Upon separation of employment, employees shall be entitled to payment for sick leave accrued up to their date of separation but in no event shall payment exceed the maximum cap of 48 hours. However, employees whose separation is caused by dismissal shall not be entitled to payment for unused sick leave.
(Ord. 5509 § 1, 2015; Ord. 5587 § 1, 2015)
Each employee is required to maintain the physical and mental condition necessary to perform assigned job duties. When an employee’s supervisor forms a reasonable suspicion that an employee may not be fit to perform his or her job duties, the employee’s supervisor shall consult with the department head and the director to determine whether the employee should be referred for an examination with a physician or other medical practitioner selected by the city and at city expense, to assess fitness for duty. The results of such examination shall be available to the director, city manager, and the department head, as may be appropriate, in the same manner as new employee examinations.
Each employee is independently responsible for compliance with the advice and recommendations made by the physician or other medical practitioner as a result of such examination. Care, treatment, or other requirements recommended by the physician or other medical practitioner shall be at the expense of the employee for non-employment related recommendations. The city shall receive from the city-selected physician, or other medical practitioner, a notice of examination completion. This notice will indicate whether further treatment or examination is required, and will contain certification as to whether the employee is fit to continue job performance. The notice will also indicate whether a modified duty assignment is needed temporarily or if a reasonable accommodation should be considered for the employee to be able to effectively continue performance of the duties assigned. In the event an employee is certified by the city appointed physician or other medical practitioner as unable to continue performance of the duties assigned to the classification, with or without reasonable accommodation, that employee shall not return to active service in that classification until a new certification is received, stating that the employee is able to continue performance of duties. If a reasonable accommodation cannot be provided, the city may consider whether the employee should be recommended for disability retirement or separated from service.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012; Ord. 5674 § 24, 2016)
A. 
Relationship Between FMLA and CFRA. Unless otherwise noted, the terms and conditions for leave under FMLA and CFRA are the same. In addition, unless otherwise noted, FMLA leave and CFRA leave shall run concurrently.
B. 
Applicability.
1. 
FMLA and CFRA provide employees with the right to take leave for the following types of circumstances:
a. 
Under both FMLA and CFRA, unpaid leave due to the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of that child by the employee.
b. 
Under both FMLA and CFRA, unpaid leave to care for a parent, spouse, or child who has a serious health condition.
c. 
Under CFRA only, unpaid leave to care for a registered domestic partner or same sex spouse who has a serious health condition.
d. 
Under both FMLA and CFRA, unpaid leave where a serious health condition makes the employee unable to perform his or her job.
e. 
Under FMLA only, unpaid leave (military caregiver leave) to care for a spouse, son, daughter, parent or next of kin who is a covered active service member with a serious injury or illness incurred in the line of duty while on active duty.
f. 
Under FMLA only, unpaid leave (qualifying exigency leave) due to the employee’s spouse, son, daughter or parent on active duty or called to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
2. 
“Serious health condition” means an illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of the treatment or supervision and involves:
a. 
Inpatient care in a hospital, hospice, or residential health care facility; or
b. 
Continuing treatment or continuing supervision by a health care provider.
c. 
Under FMLA, serious health condition includes disability related to pregnancy. Under CFRA, pregnancy disability is not included in the definition of a serious health condition.
C. 
Eligibility.
1. 
An employee is eligible for FMLA/CFRA leave if the employee has been employed by the city at least one year and has worked a minimum of 1,250 hours during the previous 12 months.
2. 
FMLA/CFRA provides for a maximum total of 12 weeks of unpaid leave in any 12-month period. The amount of leave eligibility will be figured using a “rolling” year from the date of the leave to 12 months prior.
a. 
Under FMLA only, an employee may take military caregiver leave for a maximum total of 26 workweeks of unpaid leave during a single 12-month period to care for a service member.
3. 
An employee will not be granted FMLA/CFRA leave for any period of time in which the employee’s spouse is also taking FMLA/CFRA leave from employment with the city to provide care for the same qualified family member. When CFRA leave is taken for baby bonding and both parents are city employees, the employees may take leave at the same time but will be limited to a combined total of 12 weeks of family leave.
D. 
Other Benefits. While on FMLA leave, employees shall continue to be entitled to participate in health plans, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to a paid leave. CFRA does not provide for benefit protection.
E. 
Seniority. While on FMLA/CFRA leave, the employee shall retain active employee status. FMLA/CFRA leave shall not constitute a break in service or otherwise affect an employee’s status for purposes of longevity or seniority under any collective bargaining agreement, or seniority under any employee benefit plan. An employee returning from FMLA/CFRA leave shall return with no less seniority than if the employee had not taken FMLA/CFRA leave, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation.
F. 
Notification. As required by law, an eligible employee shall notify the department head, the director 30 days in advance of an anticipated, foreseeable need for FMLA/CFRA leave. If the need for leave is unanticipated, then the notice must be given as soon as practicable. The employee shall provide the anticipated beginning date of FMLA/CFRA leave, anticipated date of return to full duty, and shall provide documented evidence of any serious health condition (certificate of health care provider) or other qualifying circumstances and the need for the employee to provide care to a child, parent, or spouse. The director, at city expense, may require a second opinion from a different health care provider chosen by the city. In the case of a conflict, the director may at city’s expense require a third, binding opinion from a health care provider jointly designated by the director and the employee.
G. 
Reinstatement. The city may deny reinstatement of an employee to a position held prior to taking FMLA/CFRA leave if:
1. 
An employee is among the top 10 percent of employees city-wide in terms of gross salary; and
2. 
Such denial is necessary to prevent substantial and grievous economic injury to the operations of the city; and
3. 
The city notifies the employee of the intent to deny reinstatement on such basis at the time the city determines that such grievous economic injury would occur; and
4. 
In any case where the leave has commenced, the employee elects not to return to employment.
H. 
Outside Employment. Employees may be denied FMLA/CFRA leave or be subject to disciplinary action up to and including termination, if an employee works for another employer while on leave due to the employee’s own serious health condition and the director determines that such outside employment conflicts with the term and conditions of the leave.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
A. 
General. Per California’s Pregnancy Leave Act, a pregnant employee shall be entitled to leave without pay for up to four months so long as the employee’s attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. This leave runs concurrently with the leave required under the Federal Family Medical Leave Act (FMLA) as outlined in Section 3.12.095. FMLA regulations consider pregnancy a serious medical condition and allow an employee to take up to 12 weeks of family leave for pregnancy-related disability.
B. 
Eligibility. An employee is considered eligible for pregnancy disability leave (PDL) upon her first day of employment.
C. 
Notification. An employee who plans to take PDL should give reasonable notice of the date the leave shall commence and the estimated duration of the leave.
D. 
Reinstatement. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the department head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position.
E. 
Failure to Return. Failure to return to work after the authorized four-month leave period will cause the employee to lose reinstatement rights.
F. 
CFRA (California Family Rights Act). CFRA leave may be taken at the end of PDL leave for up to 12 weeks. CFRA leave is taken for the purpose of bonding with a baby. No medical certification is required.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
Employees may be granted paid disability leave based on the following circumstances, terms and conditions. The purpose of providing these programs of paid disability leave is to ensure that employees have reasonable and equitable provisions concerning their job and economic security.
A. 
Temporary Disability (Management, Confidential Employees). If a classified employee or unclassified employee defined in Section 3.01.050(B)(1) is temporarily disabled by injury or illness arising out of and in the course of performing assigned job duties, the employee shall become entitled to a leave of absence while so disabled without loss of salary, less workers’ compensation disability payments for up to 75 calendar days, commencing upon the first calendar day after the injured employee leaves work as a result of the disability.
1. 
Following the initial 75 days of temporary disability, an eligible employee may supplement temporary disability payments with available leave balances (e.g., vacation, sick leave) until such balances are exhausted, for a period not to exceed 12 months.
2. 
During the time of work-related disability, an eligible employee will continue to accrue leave, (i.e., vacation, sick leave), until such time as all leave balances have been exhausted, for a period not to exceed 12 months.
3. 
During the period of time of work-related disability, the city will continue to contribute its share to the employee’s health plans until such time as all leave balances are exhausted, for a period not to exceed 12 months.
B. 
Temporary Disability (Sworn Public Safety). In the event of a work-related temporary disability, safety employees’ benefits shall be governed by Section 4850 et seq., of the California Labor Code. An employee subject to the provisions of Section 4850 et seq., of the California Labor Code shall not have any portion of his or her work-related disability leave charged against accrued sick leave.
C. 
Abuse and Fraud. Any employee who abuses or fraudulently uses the privileges and benefits of the temporary disability program shall be subject to disciplinary action, including termination from city service. Any employee exercising these temporary disability provisions shall be required to provide the department head and director with a copy of the attending physician’s report, inform the department head and director of the anticipated duration of the disability, and keep the department head and director apprised of the medical condition at reasonable intervals prescribed by the director.
D. 
Holidays. If a city holiday occurs while an employee is on paid temporary disability, the employee will be paid for the holiday. If the employee has been issued a holiday bank of hours as set forth in Section 3.12.145, the bank will be adjusted accordingly.
E. 
Employee Status. Upon exhaustion of all accrued leave balances, an employee injured in the performance of assigned duties and who is entitled to compensation under the California Workers’ Compensation Act shall continue to be employed by the city without pay until workers’ compensation benefits are discontinued, or the employee reaches a permanent and stationary status that cannot be accommodated under the city’s Reasonable Accommodation Policy outlined in Administrative Regulation 2.19.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012; Ord. 5674 § 25, 2016)
A. 
Compensation. Classified employees obligated to serve periods of active military duty shall be compensated for normal work hours and days or shifts during such absence from work, up to a maximum of 30 calendar days in any calendar year. Such employees are also entitled to additional military leave without pay. No employee shall be required to exhaust accrued leave balances prior to taking military leave without pay.
Employees will not be discriminated against in any manner because of such military service or leave.
B. 
Documentation. An employee requiring military leave must provide a copy of his or her military orders and a request for leave form to the department head upon receipt, and at least 10 calendar days in advance of the leave, if possible. The department head must notify the human resources department immediately when an employee presents military orders, and a copy of all military leave paperwork shall be submitted to human resources.
C. 
Reinstatement. An employee who is called to active duty (either voluntary or involuntary) is entitled to be rehired once the duty has ended and will be rehired to the position that he or she left, or would have attained except for being called to active duty. In all cases, the employee must be qualified to perform the job in order to be employed and the city must make a reasonable effort to qualify the employee.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
A. 
Compensation, Benefits. Classified employees and unclassified employees defined in Section 3.01.050(B)(1), who are members of the National Guard or a United States Military reserve organization, obligated to serve involuntary periods of active military duty in support of a fight against terrorism, shall be compensated, assuming City of Roseville pay is more than the active duty compensation, the difference between the amount of the employee’s military pay and the amount the employee would have received had the employee worked normal work hours, days or shifts and for normal benefits, including the city contribution toward benefits, to which the employee would have been entitled had the employee not been called to active duty. Compensation shall begin on the 31st day after the employee is called to active service and the extension of partial salary and health and welfare benefits will continue for the duration of the active duty assignment.
B. 
Eligibility. As a condition to receiving such benefits, employees must be involuntarily called into active duty; duty may not include scheduled training, drills, and unit training assemblies or similar events; and benefits shall terminate if the employee is dishonorably discharged for conduct occurring during the compensation period.
C. 
Conditions. Compensation and city contribution towards benefits received under this section shall be in the form of a loan, payable with interest at the rate for money invested by the city in a local agency investment fund. The loan to an employee returning to work with the city within 30 days of being released from active duty shall be forgiven. Any employee who does not return to city service within 30 days, unless unable to return due to disability, shall repay the loan in equal monthly installments over a period not to exceed five years, commencing 90 days after the employee’s release from active service.
(Ord. 3934 § 1, 2003; Ord. 4045 § 1, 2004; Ord. 4424 § 1, 2006; Ord. 5013 § 11, 2012)
A. 
Compensation. An employee who has been summoned or subsequently selected to serve on a jury shall receive his or her regular rate of compensation by the city for normal work hours and days or shifts during such absence from work. No compensation will be made for jury duty occurring outside the employee’s regular schedule.
B. 
Mileage. An employee will be allowed to retain any mileage compensation granted by the court to which the employee was summoned or selected for jury duty.
C. 
Documentation. An employee summoned to jury duty must provide evidence of such summons and subsequent absence from work due to jury duty through the department head to the director.
D. 
Employees compensated by the summoning court jurisdiction for jury duty shall endorse such payments to the city in the same pay period the payment is received by the employee, in order to receive full city day compensation as prescribed in subsection A. This payment endorsement is to be forwarded directly to the chief finance officer by the employee.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012; Ord. 5674 § 26, 2016)
A. 
Request for Leave Form. A request for leave form must be completed by an employee for any time off without pay. The form must be approved by the department head and forwarded to human resources.
B. 
One Week or Less. In circumstances where the employee has depleted available leave balances, a department head may grant a probationary or regular employee a leave of absence without pay for a period not to exceed seven workdays in a calendar year. Such leaves shall be reported in writing to the director. A physician’s certificate or doctor’s note may be required with the request.
C. 
More than a Week. Leaves of absence without pay or benefits related to employment for more than seven workdays not to exceed three consecutive months may be granted to regular classified employees or unclassified employees defined in Section 3.01.050(B)(1) upon recommendation of the department head and approval of the director and city manager. Following the initial three-month period, the leave of absence may be extended for a maximum of an additional six months if recommended by the department head and director, and approved by the city manager. However, no such leave shall be granted without written request of the employee, setting forth the reason(s), circumstances and length of the requested leave with specific start and end dates.
D. 
Reinstatement. Upon expiration of an approved leave of absence, the employee may be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave of absence to report to work promptly at the expiration of leave, or within a reasonable time after notice to return to duty, shall be cause for dismissal and the employee shall automatically waive all rights under these rules. A certified letter of notification to return to duty mailed to the employee’s last known address shall constitute reasonable notice.
E. 
Salary Anniversary Date. Except for a leave of absence protected by applicable law, the granting of any leave of absence without pay or employment benefits for any period exceeding one full pay period shall result in the setting of a new salary anniversary date for the employee. The new salary anniversary date shall be determined by adding the number of calendar days of unpaid leave, less one full pay period. In addition, a probationary employee taking such a leave of absence will have the probationary period extended pursuant to Section 3.06.140.
F. 
Accruals. An employee on a leave of absence without pay shall not accrue vacation or sick leave benefits during such leave.
G. 
CalPERS. During a leave of absence without pay, an employee does not receive service credit for retirement benefits during the period of absence and no contributions will be paid into the California Public Employees’ Retirement System (CalPERS).
H. 
Leave Balances. At the end of the calendar year, management leave and holiday hours will be evaluated and adjusted for employees on an unpaid leave of absence not protected by applicable law.
I. 
Temporary Leave with Pay. Notwithstanding the provisions of this section, upon the recommendation of the director, the city manager may approve the temporary assignment of an employee to a status of leave with pay, pending conduct or completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
A. 
Recurring Holidays. The following holidays shall be observed by the city with respect to all employees, except shift employees in the police and fire departments, shift employees in the water/wastewater treatment and power plants and employees assigned to refuse collection. City offices shall be closed on these days except as otherwise provided herein:
January 1st (New Year’s Day);
The third Monday in January (Martin Luther King’s Birthday);
The third Monday in February (Presidents’ Day);
The last Monday in May (Memorial Day);
July 4th (Independence Day);
The first Monday in September (Labor Day);
The second Monday in October (Columbus Day);
November 11th (Veterans Day);
The day in November appointed by the President of the United States as Thanksgiving Day;
The day immediately following Thanksgiving Day;
December 25th (Christmas);
Eight hours (floating holiday) to be taken anytime during the calendar year by employees who have completed at least six months probationary service (prorated for part-time regular employees). The number of floating holiday hours to be credited to a new employee hired after January 1st shall be prorated based on the number of full months employed during that year. Employees failing to complete six months of probationary service prior to December 31st shall not accrue or be eligible for any floating holidays that year. The employee and the employee’s supervisor shall jointly determine a convenient date to use the floating holiday hours.
B. 
Nonrecurring Holidays. The following nonrecurring holidays shall be observed in any year in which they occur:
Every day appointed by the President of the United States or the Governor of the state for a public feast, thanksgiving, or holiday (except Admission Day) if approved by the city council.
C. 
Non-Workday Holidays. If January 1st, July 4th, November 11th, or December 25th falls on a Saturday, the preceding Friday shall be a holiday; if any such day falls on a Sunday, then the following Monday shall be a holiday.
If a holiday occurs on the employee’s first normal day off, the employee may take the preceding day as the holiday; however, if the holiday occurs on the employee’s second consecutive normal day off, the employee shall take the following day as the holiday. This policy shall be adhered to where practical and may be modified only by written consent to other conditions by the department head.
D. 
Off Without Pay. When an employee is off without pay either on the day prior to or the day after a holiday, the following will be applicable:
1. 
When an employee is off without pay both before and after a designated holiday, the employee will not be paid for the holiday. An employee who has been issued a holiday bank of hours as set forth in Section 3.12.145 will not be paid for the holiday and the holiday bank of hours will be reduced accordingly.
2. 
When an employee is off without pay either prior to or after the holiday (for only one of the days) the employee will not be paid for the holiday. An employee who has been issued a holiday bank of hours as set forth in Section 3.12.145 will not be paid for the holiday and the holiday bank of hours will be reduced accordingly.
3. 
An employee receiving State Disability Insurance and supplementing with leave balances will be paid for the holiday. However, all other hours will be adjusted so that the employee’s total hours worked will not exceed 40 hours during the week. An employee who is not supplementing with leave will not be paid for the holiday. An employee on Workers’ Compensation leave receiving full pay or supplementing with leave balances will be paid for the holiday in accordance with Section 3.12.100.
4. 
An employee working or using leave hours of at least 50 percent of the normal workday before and after the holiday will be paid for the holiday.
5. 
While on a reduced schedule, the employee’s paid holidays or banked hours will be reduced by the same percentage as the work schedule for any holidays that occur during the reduced schedule period. (For example: Non-flex schedule: If an employee is scheduled to work 60 hours of an 80-hour payroll period, the employee will receive 75 percent of the eight-hour holiday which would be six hours. Flex schedule: If an employee is scheduled to work 75 percent of the schedule per pay period, the eight hours issued into the holiday hour bank are reduced by the percentage not worked. In this example, 25 percent of eight hours would equal a two-hour holiday hour bank reduction.)
E. 
Depleted Leave Balances. An employee who has depleted all other leave balances may only use holiday bank hours as the holidays occur except as set forth in subsection D.
F. 
Separation from Service. If an employee has taken more holidays in advance than have been earned at the time of separation from service, the city will deduct an equivalent amount of pay for the holidays taken in advance from the employee’s final paycheck.
(Ord. 3213 § 1, 1998; Ord. 5013 § 11, 2012)
An employee on a flex schedule will be issued hours to the holiday bank in advance on January 1st of each year based on eight hours per holiday pursuant to Section 3.12.140. An employee on a flex schedule will utilize the holiday hour bank when observing city holidays. Any shortage in hours will be supplemented with vacation or management leave or compensatory time off. If an employee depletes these leave balances, any remaining holiday hours will be taken without pay. New employees and employees moving to a flex schedule will receive a prorated amount of holiday hours based on the number of holidays remaining in the year.
(Ord. 5013 § 11, 2012)
Upon a department head’s written request, including justification for the request, and written approval of the city manager, the appointing authority may offer a vacation accrual rate at any level set forth in Section 3.12.060(B), not limited to the new employee accrual rate, when reasonably necessary as an incentive to recruit or retain a highly-qualified candidate or employee for a hard-to-fill managerial or unclassified position.
(Ord. 5462 § 4, 2015; Ord. 5674 § 28, 2016)