Employees who need to be absent for less than one day for personal reasons may use short-term leave with the prior approval of the employee's supervisor. Employees who request and are granted this leave will have to use accrued vacation hours.
(Ord. 1072, 2004)
To the extent not already provided for under current leave policies and provisions, the city will grant family care and medical leave in accordance with the requirements of applicable state (California Family Rights Act) and federal law (Family and Medical Leave Act) in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in the relevant state or federal laws. In certain situations, the federal law requires that provisions of state law apply. In any case, employees will be eligible for the most generous benefits available under either law.
A. 
Definitions. "Twelve-month period" means a rolling twelve-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
"Child"
means a child under the age of eighteen years of age, or eighteen years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or stepchild.
A child is "incapable of self care"
if he/she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living—such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.
"Health care provider"
means and includes:
1. 
A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
2. 
Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition;
3. 
Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4. 
Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
5. 
Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6. 
Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
"Leave"
means leave under this policy as provided for in the FMLA and CFRA.
"Parent"
means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.
"Spouse"
means a husband or wife as defined or recognized under California State law for purposes of marriage.
"Serious health condition"
means an illness, injury impairment, or physical or mental condition that involves:
1. 
Any injury, illness, or impairment that involves inpatient care in a hospital, hospice, or residential medical care facility;
2. 
A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider;
3. 
Any period of absence to receive multiple treatments (including any period of recovery there from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment;
4. 
Any period of incapacity due to pregnancy or prenatal care;
5. 
Continuing treatment by a health care provider which includes a period of incapacity for three or more consecutive calendar days, requires two or more treatments (visits) to the health care provider, or requires at least one visit to the health care provider followed by a regimen of continuing treatment under the supervision of the health care provider.
A "chronic condition"
is also covered by this policy, and means a condition which:
1. 
Requires periodic visits for treatment by a health care provider;
2. 
Continues over an extended period of time;
3. 
May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
B. 
Employee Eligibility. To be eligible for family and medical leave benefits, an employee must:
1. 
Have worked for the city for a total of at least twelve months;
2. 
Have worked at least one thousand two hundred fifty hours over the previous twelve months.
C. 
Amount of Leave Available. Eligible employees may receive up to a total of twelve workweeks of unpaid leave during a twelve-month period. The twelve-month period begins on the date of the first absence qualifying for leave, and rolls forward from that date. In other words, how much leave an employee is entitled to depends on how much time they have taken during the twelve-month period prior to their request for leave.
For example, if an employee takes four weeks of leave beginning September 1, 2004, and then takes another four weeks beginning January 1, 2005 (total eight weeks), they would only have four weeks of leave available until September 1, 2005.
D. 
Intermittent Leave and Minimum Duration of Leave. As required by a health care provider, employees may take family and medical leave intermittently, which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule. Intermittent leave can be taken in hourly increments and will be counted toward the twelve-week allotment in the increments taken (twelve weeks equals four hundred eighty hours).
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions.
E. 
Reasons for Leave. Leave may only be used for one or more of the following reasons:
1. 
For the birth or placement of a child with the employee for adoption or foster care;
2. 
To care for an immediate family member (spouse, child, or parent) with a serious health condition;
3. 
To care for a newborn child (birth to twelve months of age);
4. 
To take medical leave when the employee is unable to perform the functions of his or her position because of a serious health condition.
Pregnant employees may have the right to take a pregnancy disability leave in addition to a family and medical leave and should review the pregnancy disability leave policy below and notify their supervisor or the human resources department if they need leave due to disability caused by pregnancy.
F. 
Spouses Both Employed by the City. In any case in which a husband and wife both employed by the city are entitled to leave, the aggregate number of work weeks of leave to which both are entitled is limited to twelve work weeks during any twelve-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy.
G. 
Notice and Certification. An employee needing family and medical leave may be required to provide:
1. 
Thirty-day advance notice when the need for the leave is foreseeable (e.g., for childbirth or elective surgery);
2. 
Medical certification from a health care provider (both prior to the leave and prior to reinstatement);
3. 
Medical re-certification, periodically as allowed by state and federal law;
4. 
Reports during the leave verifying continued need for leave, periodically as allowed by state and federal law.
Unforeseeable circumstances do not require thirty days advance notice. In such case, an employee must give notice as soon as practical. Failure to give timely notice may affect the ability to take leave as requested until the city can adequately cover the employee's position with a substitute.
When leave is needed to care for an immediate family member or the employee's own serious health condition, and is for planned medical treatment, employees must use all good faith efforts to schedule treatment so as not to unduly disrupt the city's operation.
H. 
Compensation During Leave. Family and medical leave is unpaid. However, employees are required to use any accumulated sick leave and vacation leave, if the leave is for their own serious health condition.
The paid leave time runs concurrently with the unpaid leave under this policy. If the leave is due to the serious health condition of a family member the employee must use his or her accrued vacation leave and may, but is not required to, use his or her sick pay benefits during the leave.
Depending on individual circumstances and if available, an employee may be eligible for short-term disability, long-term disability or workers' compensation insurance coverage while on leave.
For example, if an employee has ten days accrued sick leave and ten days accrued vacation at the time their leave begins, and the leave is for the employee's own serious health condition, the paid accrued leaves and leave under this policy shall run concurrently, and the first four weeks of leave will be with pay and eight weeks will be without pay for a total leave of twelve weeks.
I. 
Benefits During Leave. The city will maintain, for up to a maximum of twelve workweeks of family and medical leave, any group health insurance coverage that was provided before the leave on the same terms as if the employee had continued to work.
If an employee is responsible for any portion of the group health insurance premium or for any other premium payment(s), the employee should, prior to the commencement of leave, make arrangements with the finance department for the submission of such payments.
J. 
Sick and Vacation Leave Accrual. Sick leave and vacation leave continue to accrue only while an employee is on paid family leave.
K. 
Job Reinstatement. Upon return from family and medical leave, an employee will be reinstated to their previous position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, upon return from a family and medical leave, an employee has no greater right to reinstatement, benefits, and other conditions of employment than if he/she had been continuously employed rather than on leave.
If an employee is returning from family and medical leave taken for his or her own serious health condition, but the employee is unable to perform the essential functions of his or her job because of a physical or mental disability, the city will begin an interactive process to determine whether the city can reasonably accommodate the employee without posing an undue hardship on the city.
The city may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid ten percent of all employed by the city within seventy-five miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the city, and the employee is notified of the city's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur.
L. 
Unlawful Acts. It is unlawful for the city to interfere with, restrain, or deny the exercise of any right provided by state or federal family and medical leave law. it is also unlawful for the city to refuse to hire, discharge, discriminate against, or retaliate against any individual for being involved in any proceedings related to family and medical leave.
M. 
Required Forms. Employees must fill out the following applicable forms in connection with leave under this policy:
1. 
"Request for family or medical leave form" prepared by the city to be eligible for leave;
2. 
Medical certification. Either for the employee's own serious health condition or for the serious health condition of a child, parent or spouse;
3. 
Authorization for payroll deductions for benefit plan coverage continuation; and
4. 
Fitness-for-duty to return from leave form.
(Ord. 1072, 2004)
An employee is entitled to a leave of absence in the event of the death of a member of his or her immediate family, not to exceed three days per calendar year. No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other provisions.
An employee's immediate family shall consist of the following:
A. 
Employee's spouse, child, stepchild, parent, step-parent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law;
B. 
Domestic partner;
C. 
Legal guardians and custodial children.
Additionally, employees may utilize up to six days of sick leave or vacation leave if additional leave is needed due to the death of an immediate family member as defined in this section.
(Ord. 1072, 2004; Ord. 1345 § 4, 2019)
The city will grant an unpaid pregnancy disability leave for up to four months if an employee is disabled because of pregnancy, childbirth, or a related medical condition.
A. 
Notice and Certification Requirements. Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee's supervisor or department head before the leave begins.
The request must be supported in writing by an attending physician that the employee is disabled from working by pregnancy, childbirth or a related medical condition, and must state the expected duration of the disability and date of return to work.
All granted leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the director of human resources prior to being taken. Requests for an extension of leave must be submitted in writing to human resources prior to the agreed date of return and must be supported in writing by the statement of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. California law provides that the maximum pregnancy disability leave right is four months.
Failure to return to work after the maximum four-month leave period causes the employee to have no reinstatement rights.
B. 
Compensation During Leave. Pregnancy disability leaves are without pay. However, an employee may utilize sick leave, vacation leave, and any other accrued paid time off during the leave.
C. 
Benefits During Leave. The city will maintain, for up to a maximum of twelve work weeks, any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off duty as if the employee had continued to work, if the employee is eligible for concurrent family medical leave, and if the employee has not already exhausted this insurance coverage benefit in the current family medical leave eligibility period. In some instances, the city may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave.
An employee on pregnancy disability leave but not receiving continued paid coverage, may continue group health insurance coverage through the city in conjunction with COBRA guidelines by making monthly payments to the city for the amount of the relevant premium. An employee should contact their supervisor for further information.
D. 
Sick and Vacation Leave Accrual. Sick leave and vacation leave cease to accrue at the later of the expiration of pregnancy disability leave/family leave eligibility or when the employee exhausts his or her vacation and sick leave balances.
E. 
Reinstatement. Upon return from an approved pregnancy leave on the original date agreed to, the employee will be immediately reinstated to her original or an equivalent position so long as it was not eliminated for a legitimate business reason. In the event the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position.
If upon return from a pregnancy disability leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the city will engage in an interactive process with the employee in order to identify a reasonable accommodation that will not cause undue hardship.
(Ord. 1072, 2004)
All employees, when called to serve on a jury, shall inform their department managers or directors and shall have time off for a period of actual service required on such jury. Such employees shall be paid the difference between their regular salary and the amount they receive, except travel pay, for jury duty.
An employee who is subpoenaed to appear in court in a matter regarding an event or transaction, which he or she perceived or investigated in the course of his or her duty, shall be allowed to do so without loss of compensation.
An employee subpoenaed to appear in court in a matter unrelated to his or her official capacity as an employee shall be permitted time off without pay, or if the employee chooses, to use accrued vacation for this purpose.
(Ord. 1072, 2004)
The city provides military leaves of absence to employees who serve in the uniformed services as required by the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. ("USERRA") and applicable state laws.
A. 
Notice And Certification Requirements. Whenever possible, employees should provide advance notice of their military service obligations. This notice may be oral or in writing and may be provided by the employee or by an officer of the military branch in which the employee is serving. Additionally, an employee should submit copies of their military orders, training notices, or induction information. For further information on USERRA, an employee should consult with the human resources department.
B. 
Compensation During Leave. Compensation during military leave is determined as follows:
1. 
Active Duty (Military Leave). Any employee who has been employed by the city for at least one year is entitled to paid leave for the first thirty calendar days of military leave.
2. 
Training (Temporary Leave). Any employee who has been employed by the city for at least one year or has a combination of city employment and military service for at least one year is entitled to paid leave for the first thirty calendar days of temporary military leave.
3. 
Temporary and Military Leave in Same Fiscal Year. When an employee has already received thirty calendar days' paid leave for temporary leave and is called to active duty in the same fiscal year, the employee will receive an additional thirty calendar days' paid leave for the active duty leave.
4. 
National Guard Members. An employee who is a National Guard member and is on active duty is entitled to paid leave for the first thirty calendar days of duty, regardless of length of city employment.
5. 
Part-Time Employees. Part-time employees subject to paid leave under this section are paid on a prorated basis, depending upon the weekly number of hours they work for the city.
C. 
Status During Leave. An employee on leave under this policy retains his or her seniority and rights and benefits just as if he or she had remained continuously employed by the city. A probationary employee who reinstates with the city after military service is completed resumes his or her probationary period where it left off prior to the leave.
D. 
Benefits During Leave. The city will maintain the employee's group health insurance coverage for at least twelve work weeks if such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work.
E. 
Sick, Vacation and Holiday Leave Accrual/ Privileges. Sick, vacation and holiday leave accrual are determined as follows:
1. 
Active Duty (Military Leave). An employee on military leave does not accrue sick, vacation or holiday leave/privileges.
2. 
Training (Temporary Military Leave). An employee on temporary military leave who has at least one year of city employment or at least one year of combined city employment and military service continues to accrue sick, vacation and holiday leave/privileges for up to a maximum of one hundred eighty calendar days while on leave.
3. 
National Guard Members. A National Guard member on military leave is entitled to accrue vacation and holiday leave/privileges but not sick leave for the first thirty calendar days of leave, regardless of length of city employment. A National Guard member on temporary military leave does not accrue sick, vacation or holiday leave/privileges while on leave unless the employee has at least one year of city employment or one year of a combination of city employment and military service.
F. 
Reinstatement. The city will reinstate an employee returning from leave under this policy immediately upon the employee's request for reinstatement. If the employee's position has been abolished or has otherwise ceased to exist, the employee shall be reinstated to a position of like seniority, status and pay if such a position exists, or to a comparable position for which he or she is qualified.
An employee seeking reinstatement after a war or national emergency must request reinstatement within six months of completing his or her service, but no later than six months after the completion of the war or national emergency. An employee who does not request reinstatement within twelve months after the first date that he or she could terminate active service may be denied reinstatement.
An employee seeking reinstatement after leave not related to a war or national emergency, whose leave is less than thirty-one days, must report to work no later than the beginning of the first full regularly scheduled work period on the first full calendar day following completion of military service. If the employee's leave was more than thirty days but less than one hundred eighty-one days; the employee must submit an application for reemployment to the city no later than fourteen days after the completion of military service. If the leave is more than one hundred eighty days, such an application must be submitted within ninety days of the completion of military service.
The city may refuse to reinstate an employee returning from leave under this policy if: (1) the city's circumstances have so changed that reinstatement is impossible or unreasonable; (2) reinstatement would pose an undue hardship for the city; or (3) the position the employee left was nonrecurring, and there was no expectation of its continuing.
G. 
Retirement Plan Contributions. When the city reemploys an employee returning from leave under this policy, the city will contribute the same amount to the employee's PERS retirement plan, if applicable, as it would have had the employee not left. An employee who is a PERS member is permitted to spread out any owed contributions for a period of up to three times the length of his or her military leave, but for no more than five years.
(Ord. 1072, 2004)
The city will grant a workers' compensation disability leave to employees with occupational illnesses or injuries in accordance with state law. As an alternative, the city will try to reasonably accommodate such employees with modified work when appropriate as provided in Section 2.52.560(F) of this chapter.
(Ord. 1072, 2004)
The city manager may grant leave of absence to any employee who requests it. The city manager has discretion to grant or deny this leave depending on the requesting employees' circumstances and on the purpose for which the leave is requested.
The employee must first receive approval from his or her department manager and/or director and must then submit a written request to the city manager. The city manager may grant an employee this leave for a period not to exceed six months.
Employees granted this leave will be required to use their sick and vacation accruals until exhausted during this period.
Benefits During Leave. During such leave, vacation, sick leave and holiday credits will not be accrued and the employee will be excluded from all other compensation and fringe benefits, except as otherwise required by law.
Upon the employee's return to work, benefits will resume accruing in accordance with the specific requirements of each benefit.
(Ord. 1072, 2004)
An employee who is a parent, guardian or grandparent with custody of a child in kindergarten or grades one through twelve, inclusive, may request to take unpaid time off to visit the school of the employee's child for a school activity.
A. 
Time Off for Parents' School Activities. If employee is a parent, guardian or grandparent with custody of a child in a licensed day care facility, or kindergarten or grades one through twelve, inclusive, and wishes to take unpaid time off to participate in the activities of the child's licensed day care facility or school, the employee may take off up to eight hours each calendar month (up to a maximum of forty hours each school year), provided that employee gives reasonable notice to the city of their planned absence.
B. 
School Leave (Suspension). If a school directs an employee who is the parent or guardian of a child who has been suspended from school to attend the child's school, the employee should alert his or her supervisor as soon as possible. Such time off is unpaid, however an employee may utilize their existing accrued vacation time or floating holiday.
C. 
School Activities. An employee may take off up to eight hours each calendar month (up to a maximum of forty hours each school year), provided that employee give reasonable notice to the city of their planned absence. An employee may utilize his or her existing accrued vacation time or other accrued paid time off. The city requires documentation from the school or licensed day care facility as proof that the employee participated in the school or licensed day care activities on a specific date and time.
If both parents of a child work for the city, only one parent, the first to provide notice, may take the time off, unless the city approves both parents taking time off.
(Ord. 1072, 2004)
The city will make reasonable accommodations for any employee who reveals a literacy problem and requests that the city assist him or her in enrolling in an adult literacy program, unless undue hardship to the city would result.
The city will also assist employees who wish to seek literacy education training by providing employees with the location of local literacy programs.
While the city generally encourages employees to improve their literacy skills, the city will not reimburse employees for the costs incurred in attending a literacy program. Nonexempt employees may use vacation pay to make up for absences from work to attend literacy classes. Time off to attend classes is unpaid.
The city will take reasonable steps to safeguard the privacy of any employee who identifies him or herself as an individual with a literacy problem. An employee who wishes to identify him or herself as such an individual can contact the director of human resources directly. Further, individuals who are performing satisfactorily will not be subject to termination of employment or retaliation because they have disclosed literacy problems.
(Ord. 1072, 2004)
The city will not discriminate or retaliate against or discharge any employee for taking time off to perform emergency duty as a volunteer firefighter, reserve officer, or other emergency rescue personnel.
An employee anticipating the need for such leave shall alert his or her supervisor so that he or she may be aware of the fact that an employee may have to take time off for emergency duty. If advance notice is not possible, the employee must notify his or her supervisor as soon as possible. Employees may be required to submit to the city proof of the emergency duties performed. Time off for such duty is unpaid.
If the employee provides emergency medical or safety services for the city, the city is not required to permit the employee's leave under this section if doing so would hinder the availability of the employee's services to the city at a time of need.
Volunteer firefighters are permitted to take leaves of absence not to exceed an aggregate of fourteen days per calendar year, for the purpose of engaging in fire or law enforcement training. These leaves are unpaid.
(Ord. 1072, 2004)
The city encourages its employees to participate in the election of government leaders. Therefore, if an employee does not have sufficient time outside their regular work hours to vote, adequate time off may be allowed at the beginning or end of the workday to exercise this right.
If possible, employees should make their requests at least forty-eight hours in advance of Election Day. The employee may wish to inquire of their registrar of voters about the possibility of voting by absentee ballot. Every effort should be made to vote either before or after the employee's normal workday.
(Ord. 1072, 2004)
The city will not discriminate or retaliate against or discharge employees who are victims of crime or domestic violence if they take time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding, to seek medical or psychological assistance or to participate in safety planning to protect against further assaults.
Affected employees must give the city reasonable notice that they are required to be absent for a purpose stated above, except for unscheduled or emergency court appearances or other emergency circumstances. In such a case, the city will take no disciplinary action against affected employees if, within a reasonable time after the appearance, they provide the city with documentary evidence that their absence was required for any of the above reasons. To the extent allowed by law, the city will maintain the confidentiality of an employee requesting leave under this section. Leave under this section is unpaid unless employees use accrued time off.
(Ord. 1072, 2004)
Any absence from work without approved leave shall be grounds for disciplinary action, including, but not limited to, termination of employment.
The fact that an employee has vacation or sick leave accrued does not preauthorize him or her for leave from work. All leaves must be approved by the employee's supervisor, department manager or director prior to the actual leave time, except in extenuating circumstances beyond the employee's control.
If an employee remains absent without leave for more than three workdays, the city will consider such action a voluntary resignation and may terminate their employment, pursuant to Article IX of this chapter.
(Ord. 1072, 2004)